March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5447 member of the Committee on the Judi- Certainly we would not do anything FOR THE RELIEF OF THE PAR- ciary or their designees. without the distinguished whip’s con- ENTS OF THERESA MARIE The SPEAKER. Is there objection to currence and okay, in consultation SCHIAVO the gentleman from Texas? with him, and we will keep the whip Mr. SENSENBRENNER. Mr. Speak- Mr. HOYER. Mr. Speaker, reserving advised if there is any unlikely reason er, pursuant to the order of the House the right to object, and if the majority for us to come back earlier than 9 of today, I move to suspend the rules leader will answer a question, it is my o’clock. and pass the Senate bill (S. 686) for the understanding that we have an agree- Mr. HOYER. I thank the gentleman relief of the parents of Theresa Marie ment that there will be, pursuant to for those comments and would make it Schiavo this unanimous consent request, debate clear to the House, Mr. Speaker, that The Clerk read as follows: on the pending piece of business, the of course one of the considerations is S. 686 House bill or the Senate Bill con- Members are trying to get back. They Be it enacted by the Senate and House of Rep- taining the House language, between 9 have had 17 hours notice of recon- resentatives of the United States of America in p.m. and 12 midnight this day; is that vening and with the vote to occur at 12, Congress assembled, accurate? obviously, 9 o’clock will have been 14 SECTION 1. RELIEF OF THE PARENTS OF THE- Mr. DELAY. Mr. Speaker, will the hours, and the reason we did not want RESA MARIE SCHIAVO. gentleman yield? to go sooner is because there are Mem- The United States District Court for the Mr. HOYER. I yield to the gentleman Middle District of Florida shall have juris- bers on either side of this question who from Texas. diction to hear, determine, and render judg- would want to make their positions Mr. DELAY. Mr. Speaker, I appre- ment on a suit or claim by or on behalf of ciate the gentleman yielding, and be- known. So that is the reason for our Theresa Marie Schiavo for the alleged viola- fore answering the question, I want to concern. tion of any right of Theresa Marie Schiavo thank the gentleman for all the good So I appreciate the gentleman’s com- under the Constitution or laws of the United States relating to the withholding or with- work that he has been doing over the ment, and my expectation then is that we will go back in at 9. drawal of food, fluids, or medical treatment last 2 or 3 days under very difficult cir- necessary to sustain her life. cumstances. The distinguished whip Mr. Speaker, I withdraw my reserva- tion of objection under those represen- SEC. 2. PROCEDURE. has worked very long hours, and we Any parent of Theresa Marie Schiavo shall greatly appreciate his cooperation and tations. have standing to bring a suit under this Act. his consultation. The SPEAKER? Is there objection to The suit may be brought against any other I really do thank you for that, Mr. the request of the gentleman from person who was a party to State court pro- Whip. Texas? ceedings relating to the withholding or with- To answer your question, our inten- There was no objection. drawal of food, fluids, or medical treatment tions are to come in at 9 o’clock. We necessary to sustain the life of Theresa f Marie Schiavo, or who may act pursuant to hope to vote at midnight, and, there- a State court order authorizing or directing fore, we will have a 3-hour debate. RECESS the withholding or withdrawal of food, Mr. HOYER. Reclaiming my time, fluids, or medical treatment necessary to Mr. Speaker, the majority leader an- The SPEAKER. Pursuant to clause sustain her life. In such a suit, the District ticipated my next question. 12(a) of rule I, the Chair declares the Court shall determine de novo any claim of And I appreciate your comments. House in recess subject to the call of a violation of any right of Theresa Marie This is, obviously, a very serious issue the Chair. Schiavo within the scope of this Act, not- and we are prepared to deal with it se- Accordingly (at 5 o’clock and 10 min- withstanding any prior State court deter- riously. We appreciate the fact that utes p.m.), the House stood in recess mination and regardless of whether such a this provides for sufficient time in de- subject to the call of the Chair. claim has previously been raised, considered, or decided in State court proceedings. The bate for the issues to be raised and ad- f District Court shall entertain and determine dressed by the House of Representa- the suit without any delay or abstention in tives. b 2103 favor of State court proceedings, and regard- My second question, which you have less of whether remedies available in the anticipated, is that in fact Members AFTER RECESS State courts have been exhausted. can expect at 12 midnight, at the con- SEC. 3. RELIEF. clusion of the 3 hours of debate be- The recess having expired, the House After a determination of the merits of a tween 9 p.m. and 12 midnight, for the was called to order at 9 o’clock and 3 suit brought under this Act, the District vote to occur on the pending legisla- minutes p.m. Court shall issue such declaratory and in- junctive relief as may be necessary to pro- tion; is that accurate? f tect the rights of Theresa Marie Schiavo Mr. DELAY. Mr. Speaker, if the gen- under the Constitution and laws of the tleman will continue to yield, the gen- COMMUNICATION FROM THE United States relating to the withholding or tleman is absolutely correct. And hope- CLERK OF THE HOUSE withdrawal of food, fluids, or medical treat- fully, as the gentleman knows, every ment necessary to sustain her life. The SPEAKER laid before the House hour is incredibly important to Terry SEC. 4. TIME FOR FILING. Schiavo. The Senate has passed the the following communication from the Notwithstanding any other time limita- bill, so we will be taking up a Senate Clerk of the House of Representatives: tion, any suit or claim under this Act shall bill and, hopefully, we will expedite OFFICE OF THE CLERK, be timely if filed within 30 days after the date of enactment of this Act. this process as fast as the House rules HOUSE OF REPRESENTATIVES, Washington, DC, March 20, 2005. SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS. will allow us. Hon. J. DENNIS HASTERT, Nothing in this Act shall be construed to Mr. HOYER. I thank the gentleman The Speaker, House of Representatives, create substantive rights not otherwise se- for that answer. It is also my under- Washington, DC. cured by the Constitution and laws of the standing, Mr. Leader, that although we DEAR MR. SPEAKER: Pursuant to the per- United States or of the several States. will recess to the call of the Chair, it mission granted in Clause 2(h) of Rule II of SEC. 6. NO EFFECT ON ASSISTING SUICIDE. would be, as I understand it, the inten- the Rules of the U.S. House of Representa- Nothing in this Act shall be construed to tion of the Chair not to recall the tives, the Clerk received the following mes- confer additional jurisdiction on any court House until 9 p.m. tonight. sage from the Secretary of the Senate on to consider any claim related— Mr. DELAY. I appreciate the gentle- March 20, 2005 at 6:20 p.m.: (1) to assisting suicide, or man’s question, and that is the inten- That the Senate passed S. 686. (2) a State law regarding assisting suicide. That the Senate agreed to S. Con. Res. 23. SEC. 7. NO PRECEDENT FOR FUTURE LEGISLA- tion. But, hopefully, level heads will With best wishes, I am, TION. prevail, and maybe something will hap- Sincerely, Nothing in this Act shall constitute a pen; lightning might strike and an- JEFF TRANDAHL, precedent with respect to future legislation, other agreement may be made. Clerk. including the provision of private relief bills.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5448 CONGRESSIONAL RECORD—HOUSE March 20, 2005 SEC. 8. NO EFFECT ON THE PATIENT SELF-DE- constitutional right to life will be life is reflected in its laws to the extent TERMINATION ACT OF 1990. given the Federal court review that her those laws honor and defend its most Nothing in this Act shall affect the rights of any person under the Patient Self-Deter- situation demands. Unlike legislation vulnerable citizens. When a person’s in- mination Act of 1990. passed by the Senate a day after House tentions regarding whether to receive SEC. 9. SENSE OF THE CONGRESS. passage of H.R. 1332, the legislation re- lifesaving treatment are unclear, the It is the Sense of Congress that the 109th ceived from the Senate today is not a responsibility of a compassionate Na- Congress should consider policies regarding private bill. Also, and of critical impor- tion is to affirm that person’s right to the status and legal rights of incapacitated tance, S. 686 does not contain a provi- life. In our deeds and in our public ac- individuals who are incapable of making de- sion that might have authorized the tions, we must build a culture of life cisions concerning the provision, with- Federal court to deny desperately that welcomes and defends all human holding, or withdrawal of foods, fluid, or needed nutritional support to Terri medical care. life. The compassionate traditions and Schiavo during the pendency of her highest values of our country command The SPEAKER. Pursuant to the claim. order of the House of today, the gen- us to action. Unlike earlier Senate legislation, S. We must work diligently not to not tleman from Wisconsin (Mr. SENSEN- 686 also contains a bicameral and bi- only help Terri Schiavo continue her BRENNER) and the gentleman from partisan commitment that Congress own fight for life, but to join the fight Florida (Mr. WEXLER) each will control will examine the legal rights of inca- 90 minutes. of all those who have lost capacity to pacitated individuals who are unable to fight on their own. As millions of The Chair recognizes the gentleman make decisions concerning the provi- from Wisconsin (Mr. SENSENBRENNER). Americans observe the beginning of sion or withdrawal of life-sustaining Holy Week this Palm Sunday, we are GENERAL LEAVE treatment. Broad consideration of this reminded that every life has purpose, Mr. SENSENBRENNER. Mr. Speak- issue is necessary to ensure that simi- er, I ask unanimous consent that all and none is without meaning. The bat- larly situated individuals are accorded tle to defend the preciousness of every Members may have 5 legislative days the equal protection under law that is within which to revise and extend their life in a culture that respects and de- both a fundamental constitutional fends life is not only Terri’s fight, but remarks and include extraneous mate- right and an indispensable ingredient rial on S. 686. it is America’s fight. of justice. I commend the other body for passing The SPEAKER. Is there objection to It is important to note that this leg- this legislation without objection, and the request of the gentleman from Wis- islation does not create a new cause of urge my colleagues across the aisle to consin? action. Rather, it merely provides de There was no objection. novo Federal court review of alleged join us in this fight by passing S. 686 to Mr. SENSENBRENNER. Mr. Speak- violations of Terri Schiavo’s rights affirm the sanctity of life and to per- er, I yield myself such time as I may under the Constitution or laws of the mit Terri to continue hers. consume. United States. Furthermore, Senate 686 Mr. Speaker, I include for the Mr. Speaker, I rise in support of S. makes it clear that ‘‘nothing in this RECORD a supplemental legislative his- 686, For the relief of the parents of act shall be construed to create sub- tory on this bill and a letter addressed Theresa Marie Schiavo. As the House stantive rights not otherwise secured to me dated today from Professor Rob- convenes this Palm Sunday, the Flor- by the Constitution and laws of the ert A. Destro, who is the attorney for ida courts are enforcing a merciless di- United States or of several States.’’ Robert and Mary Schindler, who is rective to deprive Terri Schiavo of her In addition, the legislation does not next friend of their daughter Theresa right to life. reopen or direct the reopening of a Marie Schindler Schiavo and is a pro- Terri Schiavo, a person whose hu- final judgment; it merely ensures that fessor of law at the Columbus School of manity is as undeniable as her emo- opportunity for the review of any vio- Law in the Catholic University of tional responses to her family’s tender lation of Terri Schiavo’s Federal and America. care-giving, has committed no crime constitutional rights in a Federal THE CATHOLIC UNIVERSITY OF AMER- and has done nothing wrong. Yet the court. As a result, the legislation is ICA COLUMBUS SCHOOL OF LAW, Florida courts have brought Terri and clearly consistent with both the sepa- OFFICE OF THE FACULTY, the Nation to an ugly crossroads by ration of powers envisioned by our Washington, DC, March 20, 2005. Hon. JAMES SENSENBRENNER, commanding medical professionals Founders and the weight of judicial sworn to protect life to end Terri’s life. Chairman, Committee on the Judiciary, precedent on point. As the Supreme House of Representatives, Washington, DC. This Congress must reinforce the law’s Court held in Plaut v. Spendthrift Re S. 686 (identical to H.R. 1452)—A Bill for commitment to justice and compassion Farms, ‘‘While legislatures usually act the Relief of the Parents of Theresa for all Americans, particularly the through laws of general applicability, Marie Schiavo most vulnerable. that is by no means their only legiti- DEAR MR. CHAIRMAN: You have asked me to On March 16, the House passed legis- mate mode of action.’’ comment on the proposed ‘‘Bill for the Relief lation to avert the tragedy now unfold- Finally, S. 686 presents no problems of the Parents of Theresa Marie Schiavo’’ (to ing in Florida. The House bill, H.R. regarding retrospective application. As be brought up in the House today, which is 1332, The Protection of Incapacitated the Supreme Court held in Landgraf v. the same bill the Senate passed earlier today) in my capacity as co-counsel in the Persons Act of 2005, passed the House USI Film Products, ‘‘A statute does Federal litigation filed by Robert and Mary by voice vote. Earlier today, I intro- not operate ‘retrospectively’ merely Schindler on behalf of their daughter, The- duced H.R. 1452, For the Relief of the because it is applied in a case arising resa Marie Schiavo. On behalf of the legal Parents of Theresa Marie Schiavo. The from conduct antedating the statute’s team and the family, we thank you and your Senate-passed legislation now before us enactment.’’ Rather, the court must colleagues in both the House and the Senate is identical to that bill. ask whether the new provision at- for your efforts, and those of your respective Mr. Speaker, while our federalist taches new legal consequences to staffs, on behalf of Terri Schiavo. structure reserves broad authority to events completed before its enactment. TERRI SCHIAVO’S FEDERAL CLAIMS the States, America’s Federal courts S. 686 does not attach any new legal This case has attracted worldwide atten- have played a historic role in defending consequences to events completed be- tion—including that of the United States the constitutional rights of all Ameri- fore its enactment; it merely changes Congress and the political branches of the cans, including the disadvantaged, dis- the tribunal to hear the case by pro- State of Florida—for two reasons. The first abled, and dispossessed. Among the viding Federal court jurisdiction to re- is that the situation in which the members of Terri Schiavo’s family find themselves is God-given rights protected by the Con- view alleged violations of Terri a human tragedy with ‘‘real-time’’ life and stitution, no right is more sacred than Schiavo’s Federal and constitutional death consequences. The second reason is the the right to life. rights. one that brings us before Congress and the The legislation we will consider Mr. Speaker, the measure of a Na- federal courts. Terri’s parents, Robert and today will ensure that Terri Schiavo’s tion’s commitment to the sanctity of Mary Schindler, allege that neither they nor

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Rest assured, the Florida to have been involved in a ‘‘sub- for Certiorari; or 2) a federal writ of habeas case will be filed as soon as the President stituted judgment’’ proceeding where there corpus. signs this bill. is a significant difference of opinion over Because Terri will die within two weeks Section 6—Terri’s case has nothing to do both the nature of her condition (i.e. ‘‘Is from starvation and dehydration, the tradi- with ‘‘assisted suicide’’ or ‘‘the right to die.’’ Terri actually in a persistent vegetative tional option of a petition to the Supreme This case is about one thing: Did Terri get a state [PVS]?’’) and her wishes (i.e. ‘‘What Court of the United States is not an option. fair trial? would Terri say about continued nutrition It simply takes too long. We did try an emer- Section 7—We read this as a promise that and hydration if she could speak to us gency motion for a stay, but the Court de- Congress will give serious attention to the today?’’ nied it on Thursday, March 17, 2005. As a re- rights of persons with severe cognitive dis- Getting accurate answers to both of these sult, Mr. and Mrs. Schindler’s only option abilities. We applaud its sponsors for making questions is critical. Not only does Terri’s was a petition to the United States District that promise. life hang in the balance, so too does the Na- Court for the Middle District of Florida ask- THE HOUSE BILL DOES NOT VIOLATE EITHER tion’s understanding of how a society com- ing for a writ of habeas corpus. SEPARATION OF POWERS OR FEDERALISM mitted to both individual rights and the rule Unfortunately for Terri, the habeas corpus I raised questions concerning the federal of law should determine the wishes of per- statutes are focused almost exclusively on court’s unwillingness to undertake a review sons with severe brain injuries. The Florida prisoners. Getting the courts to understand of state court proceedings, not only because courts spent many years trying to figure out that people in Terri’s situation are also enti- of the respect that federal courts owe the what to do in such a case. Unfortunately for tled to habeas relief is both difficult and Florida courts, but also because two cases Terri Schiavo—and for the nation—they did time consuming. On Friday, March 18, 2005 urge caution in framing private legislation. not apply the Florida statutes that usually the United States District Court for the Mid- We cannot afford to create a problem that govern such cases. They created new con- dle District of Florida dismissed Mr. and would make this private relief bill unconsti- stitutional laws. Mrs. Schindler’s attempt to get a fair trial tutional. Terri’s parents have alleged that the law for Terri because Judge Moody believed: (a) The changes Congress proposes to make in created by Florida courts in Terri’s case vio- that Terri is not a ‘‘person in custody’’ enti- the House bill to be brought up in the House lated both Terri’s rights and theirs because: tled to habeas relief; (b) that Mr. and Mrs. today provide an even more effective means 1. The guardianship court compromised his Schindler do not have standing to argue that that attempted by Governor Bush and the judicial independence when then he ap- Terri did not get a fair trial; and (c) that the Florida Legislature in ‘‘Terri’s Law,’’ Laws pointed himself, rather than an independent federal courts are duty bound to respect the of Florida, Chapter 2003–418. Governor Bush guardian ad litem, to serve as Terri findings of the Florida courts concerning her has conceded that Terri did not get a fair Schiavo’s health care proxy. wishes. trial, and urged the Supreme Court of the 2. The Florida courts permitted Terri’s Because we believe that federal law is to United States to review the proceedings in husband, Michael Schiavo and his attorney the contrary, we asked for, and received, a the Florida courts. There is no violation of to represent Terri’s interests notwith- ‘‘Certificate of Appealability’’ from the either separation of powers or federalism standing the Florida courts own admission United States Court of Appeals for the Elev- here. that his interests were adverse to hers. enth Circuit, which is currently considering Finally, I concur with the legal analysis 3. The Florida courts did not appoint a our request that the District Court give Chairman Sensenbrenner will be submitting guardian ad litem for Terri, nor did they pro- Terri and her parents a hearing on their fed- into the Congressional Record regarding the vide her with counsel to argue and protect eral claims. constitutionality of the House bill to be her interests. The result was a situation in S. 686 (which is identical to H.R. 1542) is ab- brought up today. which Terri herself had no assistance of solutely necessary to guarantee a federal CONCLUSION counsel in a case in which her life hangs in hearing of Terri’s claims. This law is abso- the balance. lutely necessary to cut through the proce- We hope that this answers the questions 4. The way the Florida courts applied the dural barriers that were designed by Con- that Members and Senators may have. We state’s law and constitution to incapacitated gress to make it difficult to litigate the thank you, once again, on behalf of the fam- persons with severe cognitive disabilities claims of convicted criminals. Terri, how- ily and on behalf of our client, Terri Schiavo. violated her rights under the Equal Protec- ever, is no criminal. She is a person with a Sincerely, tion Clause of the Fourteen Amendment. severe brain injury whose only ‘‘crime’’ is ROBERT A. DESTRO, After Terri’s case, the only persons in the that she is incapacitated. Attorney for Robert State of Florida who are not entitled to an Section 5 guarantees that this law protects and Mary Schindler, independent judiciary and effective represen- only Terri’s existing rights under federal as next friend of tation are incapacitated persons who cannot law. It neither creates new rights, nor any their Daughter, The- speak for themselves. power for federal courts that does not al- resa Marie Schindler 5. The state court order for under which ready exist. This provision also resolves any Schiavo. Terri’s nutrition and hydration is currently problems that I may have had with prior being withheld was entered after a pro- drafts of the legislation proposed in the Sen- S. 686 IS CONSISTENT WITH SUPREME COURT ceeding tainted by ‘‘structural defects’’ that ate. Since the law will not change any law PRECEDENT call the integrity of the entire fact finding already applicable to Terri, it should elimi- SUPPLEMENTAL LEGISLATIVE HISTORY OF process in to question. As a result, we simply nate any claim that the law is designed to CHAIRMAN F. JAMES SENSENBRENNER, JR. FOR do not know either ‘‘what Terri wants’’ or overturn either a state or federal judicial de- S. 686, FOR THE RELIEF OF THE PARENTS OF what her current medical condition actually cree, see Plant v. Spendthrift Farm. THERESA MARIE SCHIAVO is. Section 1 gives the United States District The bill for the relief of the parents of The- 6. The state court order violates the stand- Court for the Middle District of Florida spe- resa Marie Schiavo (S. 686) does not create a ards set out in both federal and state prece- cific jurisdiction to hear Terri’s federal new cause of action. Rather, it simply allows dents that recognize the right to self-deter- claims. We believe that it has that jurisdic- a de novo review of ‘‘alleged violation[s] of mination in health-care decisionmaking. tion already, but Judge Moody disagreed. any right of Theresa Marie Schiavo under Cruzan v. Director, Missouri Department of Since we do not have time to appeal to the the Constitution of laws of the United Health, 497 U.S. 261, 280 (1990) and Guardian- Supreme Court if the Eleventh Circuit agrees States’’ in Federal court. Further, S. 686 ship of Browning, 568 So. 2d 4, 12 (Fla. 1990). with Judge Moody, we need this law if makes clear that ‘‘Nothing in this Act shall Both of those cases recognize that accuracy, Terri’s rights are to be vindicated before she be construed to create substantive rights not not finality, is essential in any case where a dies from starvation and dehydration. otherwise secured by the Constitution and guardian has asked for a judicial decree au- Section 2 resolves any questions con- laws of the United States or of the several thorizing the death of the a person with a se- cerning the right of Terri’s parents to argue States.’’ vere disability such as Terri’s. in court on Terri’s behalf. Judge Moody Consequently, S. 686 does not ‘‘reopen[] (or THE NEED FOR THE PROPOSED LEGISLATION questioned their standing. This bill elimi- direct[] the reopening of) final judgments in Review of Terri’s federal claims by a fed- nates that procedural hurdle. a whole class of cases [or] in a particular eral court is an essential step in protecting Section 3 allows the court to grant an in- suit.’’ Plaut v. Spendthrift Farm, Inc., 514 U.S. her right to privacy. We have argued in fed- junction against further interference with 211, 227 (1995). This is because any final deter- eral court that Terri’s federal rights were Terri’s rights should we prevail in our claim mination made by the Florida courts regard- violated by the state courts, and that her that she did not get a fair trial. This provi- ing Florida State law will remain final under continued custody in the guardianship vio- sion guarantees that Terri will have the S. 686. S. 686 merely requires that a Federal lates her constitutional rights. Generally same remedies as a condemned criminal. court assume jurisdiction over the Federal

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law claims of Theresa Marie Schiavo. Doing to continue in a persistent vegetative from Iowa (Mr. KING), a member of the so for Theresa Marie Schiavo is proper, as state. Committee on the Judiciary. the Supreme Court in Plaut made clear that So I would respectfully suggest for Mr. KING of Iowa. Mr. Speaker, I ‘‘The premise that there is something wrong those of us that take exception to the thank the chairman for yielding me with particularized legislative action is of proposed action by the chairman of the time. I especially thank the chairman course questionable. While legislatures usu- ally act through laws of general applica- Committee on the Judiciary and by for his leadership on bringing this leg- bility, that is by no means their only legiti- this Congress that we stand in the islation to the floor in the condition mate mode of action.’’ Plaut v. Spendthrift shoes of Terri Schiavo. We stand in her that it is in, and I would like to com- Farm, Inc., 514 U.S. 211, 239 n.9 (1995). shoes, because what we are simply ar- pliment all the leadership in the House S. 686 also presents no problems regarding guing is that the will of Terri Schiavo, and on the Senate on both sides of the retrospective application. The Supreme as found by the legal system of Florida, aisle that have worked so hard and so Court has held that ‘‘A statute does not op- which is the law of the land as of now, diligently throughout this weekend erate ‘retrospectively’ merely because it is that her will be respected and that her and given up their Palm Sunday week- applied in a case arising from conduct ante- dating the statute’s enactment . . ., or up- will be carried out. end to serve a very important citizen of sets expectations based in prior law. Rather, With all due respect to the proposed this country and someone whom we the court must ask whether the new provi- remedy, in effect if this bill were to have an obligation to protect the con- sion attaches new legal consequences to pass what this Congress is designating stitutional rights of Terri Schiavo. events completed before its enactment.’’ is that the court system of Florida will She has a right to due process under Landgraf v. USI Film Products, 511 U.S. 244, lose its long history of jurisdiction of the 14th amendment, and she has a 269–70 (1994). S. 686 does not attach any new this matter and others like it, and the right to equal protection. She has a legal consequences to events completed be- jurisdiction of the Federal Court will right to her day in court. We look at fore its enactment.’’ S. 686 merely ‘‘changes be substituted. the circumstances that took place in the tribunal that is to hear the case,’’ and it the Florida courts and the continual is entirely proper to have a Federal court b 2115 hear Federal law claims. See Landgraf v. USI appeals that we went back through and The majority would argue that this the relentless efforts to end her life by Film Products, 511 U.S. 244, 274–75 (1994) (‘‘Ap- is a principal position. And while I plication of a new jurisdictional rule usually her guardian, her estranged husband, takes away no substantive right but simply would not dare suggest otherwise, I who may have a conflict of interest. changes the tribunal that is to hear the case. would ask the question, if the Florida And I look back into that to see what Present law normally governs in such situa- courts had found in favor of Terri that might amount to because it is al- tions because jurisdictional statutes speak Schiavo’s parents, would we be here ways important to understand the po- to the power of the court rather than to the this evening? I suspect not. So it is fair tential for the motives. rights or obligations of the parties . . . to conclude, therefore, that the reason And as I added up these dollars, the Changes in procedural rules may often be ap- we are here this evening is that the plied in suits arising before their enactment settlement for medical malpractice, majority is unhappy, objects to the de- $250,000 preliminarily and the court without raising concerns about retroactivity cision rightfully reached by the courts . . . Because rules of procedure regulate sec- then ruled another $1.4 million to Terri ondary rather than primary conduct, the of the State of Florida; and as a result, Schiavo and $600,000 awarded to Mi- fact that a new procedural rules was insti- the majority wishes to undermine over chael Schiavo, that is $2,225,000 award- tuted after the conduct giving rise to the 200 years of jurisprudence and a long ed in her behalf. Of that one can as- suite does not make application of the rule history in this country for respect for sume approximately $800,000 went to at trial retroactive.’’) (quotations and cita- our judicial independence as well as attorneys fees and costs. tions omitted.) the States court systems and the juris- Now, additionally the court ordered Mr. Speaker, I reserve the balance of dictions assigned to it. $750,000 to go into the Terri Schiavo my time. In closing, Mr. Speaker, I would sim- trust account. Now, that was pledged Mr. WEXLER. Mr. Speaker, I yield ply suggest this one thing, this is to go for her rehabilitation, her care, myself such time as I may consume. heart-wrenching for all Americans. her medical treatment, and her tests. Mr. Speaker, for those of us from Each American I believe tonight and And that was a pledge made by her Florida, the heart-wrenching case in- today has been searching his or her guardian, Michael Schiavo. But of that volving Terri Schiavo is not new. In soul wondering how they would react $750,000, these are the most conserv- fact, for 15 years Mrs. Schiavo has re- if, God forbid, they were in this posi- ative numbers that I can produce, mained in a persistent vegetative tion. But the issue before this Congress there was $486,941 that went to attor- state. For 7 years the courts and the is not an emotional one. It is simply neys’ fees to promote her death, not State of Florida have heard, ad nau- one that respects the rule of law, the her care; another $10,929 to Michael seam, arguments of both sides. rule of law in the State of Florida, the Schiavo for expenses; another $55,000 to There is this perception possibly that rule of law which has involved the par- the bank for, assumedly, administra- only one judge has been involved in ticipation of 19 judges, all unanimous tive fees. this case. In fact, 19 judges in the State in their view. Not a single medical When you do the math on this and of Florida have participated in various piece of evidence has been provided by shake this down, it breaks down to legal proceedings regarding Terri anybody who has diagnosed or in per- this: approximately $2 million out of Schiavo. The State of Florida, through son witnessed Mrs. Schiavo that has that $2.25 million against her interests our court system, has acted delibera- said anything other than that she per- into the pockets of attorneys and into tively, with justice and with due care. sists in an vegetative state. the pockets of Michael Schiavo and The State of Florida, through our judi- And yet this Congress seeks to re- into the pockets of the bank for admin- cial system, has taken testimony from place and substitute our judgment, istrative fees. Less than $200,000 was everyone in the family and from every- even though not a single one of us as committed to her care over all of these one who knew Mrs. Schiavo that was far as I understand has ever diagnosed years, 13 or 14 years. capable of giving it. The courts in Flor- Mrs. Schiavo, nor do we have the med- And I think this illustrates a poten- ida have received expert testimony ical expertise to do so; and yet we are tial for a conflict of interest. She is not from many of the most prominent neu- willing tonight to replace with our on life support, Mr. Speaker. She needs rosurgeons and neurologists through- judgment the judgment of the most only a feeding tube and the court or- out the entire country. prominent doctors in our country and a dered to remove the tube. And if it The court system and the 19 judges in court system which has labored exten- were determined that her food and Florida have been unanimous, unani- sively to yield a just result. fluid were to be stopped, all they had mous, in stating that from the evi- Mr. Speaker, I reserve the balance of to do was stop adding it. It is a horrible dence provided by a standard of clear my time. way to die. She has been denied ther- and convincing evidence, that it is Mrs. Mr. SENSENBRENNER. Mr. Speak- apy, and she has been denied treat- Schiavo’s wish that she not be required er, I yield 3 minutes to the gentleman ment. It has been stated that she does

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5451 not show any electronic brain waves. lously cared for according to the guard- trolyte levels. The cause of the imbalance She only had a CAT scan back in the ian ad litem and which was managed was not clearly identified, but may be early 90s. She has never had an MRI. by South Trust Bank as the guardian linked, in theory, to her drinking 10–15 glass- She has never had a PET scan, and she and independent trustee. This fund was es of iced tea each day. While no formal proof emerged, the medical records note that has been denied treatment even for in- accounted for and Michael Schiavo had the combination of aggressive weight loss, fection. And when they sent her to the absolutely no control over its use. Mi- diet control and excessive hydration raised hospice 5 years ago, a place where a chael Schiavo was awarded $300,000 for questions about Theresa suffering from person is sent to die, 5 years she has loss of consortium damages. bulimia, an eating disorder, more common been there, Mr. Speaker, and 5 years That is money that was awarded to among women than men, in which purging she has been denied sunshine, denied him. There is not very much of that through vomiting, laxatives and other meth- even the ability to be rolled out into left. And there is no truth to the accu- ods of diet control becomes obsessive. the sunshine in her wheelchair. sation that he would benefit finan- Theresa spent two and a half months as an inpatient at Humana Northside Hospital, Mr. WEXLER. Mr. Speaker, I ask cially from that damage award and eventually emerging from her coma state, unanimous consent to yield the bal- there certainly was not $2 million in but not recovering consciousness. On 12 May ance of my time to the gentleman from damages awarded. 1990, following extensive testing, therapy and Massachusetts (Mr. FRANK) for pur- Mr. Speaker, I submit for the RECORD observation, she was discharged to the Col- poses of control. the report of the guardian ad litem. lege Park skilled care and rehabilitation fa- The SPEAKER. Is there objection to [Dec. 1, 2003] cility. Forty-nine days later, she was trans- ferred again to Bayfront Hospital for addi- the request of the gentleman from A REPORT TO GOVERNOR JEB BUSH AND THE Florida? tional, aggressive rehabilitation efforts. In 6TH JUDICIAL CIRCUIT IN THE MATTER OF September of 1990, she was brought home, There was no objection. THERESA MARIE SCHIAVO Mr. FRANK of Massachusetts. Mr. but following only three weeks, she was re- (Submitted by Jay Wolfson, DrPH, JD, turned to the College Park facility because Speaker, I yield such time as she may Guardian Ad Litem for Theresa Marie the ‘‘family was overwhelmed by Terry’s consume to the gentlewoman from Schiavo) care needs.’’ Florida (Ms. WASSERMAN SCHULTZ), Theresa Marie Schiavo was born in the On 18 June 1990, Michael was formally ap- who both as a Member of this body and Philadelphia, Pennsylvania area on 3 Decem- pointed by the court to serve as Theresa’s previously as a member of the Florida ber 1963 to Robert and Mary Schindler. She legal guardian, because she was adjudicated legislature has a rare commodity on has two younger siblings, Robert Jr., and to be incompetent by law. Michael’s appoint- the floor today, genuine knowledge on Susan. Through the age of 18, Theresa was, ment was undisputed by the parties. the subject of which we are speaking. according to her parents, very overweight, The clinical records within the massive until she chose to lose weight with the guid- case file indicate that Theresa was not re- Ms. WASSERMAN SCHULTZ. Mr. ance of a physician. She dropped from 250 sponsive to neurological and swallowing Speaker, I thank the gentleman from pounds to around 150 pounds, at which time tests. She received regular and intense phys- Massachusetts (Mr. FRANK) for yielding she met Michael Schiavo. They dated for ical, occupational and speech therapies. me time. many months and married in November of Theresa’s husband, Michael Schiavo and There are a number of things that I 1984. The Schiavo and Schindler families her mother, Mary Schindler, were virtual would like to correct for the record be- were close and friendly. partners in their care of and dedication to fore I begin. I apologize for not know- Theresa and Michael moved to Florida in Theresa. There is no question but that com- ing the State that the gentleman is 1986 and were followed shortly thereafter by plete trust, mutual caring, explicit love and a common goal of caring for and rehabili- from, but the representation regarding Theresa’s parents and siblings. Theresa worked for the Prudential Life Insurance tating Theresa, were the shared intentions of the care of Theresa Schiavo by her hus- Company and Michael was a restaurant man- Michael Schiavo and the Schindlers. In late band as represented in the Chamber is ager. Autumn of 1990, following months of therapy totally inaccurate. Theresa’s husband, About three years later, without the appar- and testing, formal diagnoses of persistent and I am quoting from the guardian ad ent knowledge of her parents, Theresa and vegetative state with no evidence of im- litem report, the independent guardian Michael sought assistance in becoming preg- provement, Michael took Theresa to Cali- ad litem report that was required by nant through an obstetrician who specialized fornia, where she received an experimental Florida law during the special session in fertility services. For over a year, Theresa thalamic stimulator implant in her brain. Michael remained in California caring for in October of 2003, it says: ‘‘Theresa’s and Michael received fertility services and counseling in order to enhance their strongly Theresa during a period of several months husband, Michael Schiavo, and her held desire to have a child. By this time, and returned to Florida with her in January mother, Mary Schindler, were virtually Theresa’s weight had dropped even further, of 1991. Theresa was transferred to the partners in their care of and dedication to 110 pounds. She was very proud of her fab- Mediplex Rehabilitation Center in Brandon, to Theresa. There is no question but ulous figure and her stunning appearance, where she received 24-hour skilled care, that complete trust, mutual caring, ex- wearing bikini bathing suits for the first physical, occupational, speech and rec- plicit love, and a common goal of car- time and taking great pride in her improved reational therapies. ing for and rehabilitating Theresa were good looks. Testimony and photographs bare Despite aggressive therapies, physician and other clinical assessments consistently re- the shared intentions of Michael witness to these facts. On the tragic early morning of 25 February vealed no functional abilities, only reflexive, Schiavo and the Schindlers. Despite ag- 1990, Theresa collapsed in the hallway of her rather than cognitive movements, random gressive therapies, physician and other apartment, waking Michael, who called The- eye opening, no communication system and clinical assessments consistently re- resa’s family and 911. The lives of Theresa, little change cognitively or functionally. On vealed no functional abilities, only re- Michael and the Schindlers were to change 19 July 1991 Theresa was transferred to the flexive rather than cognitive moments, forever. Sable Palms skilled care facility. Periodic random eye opening, no communica- Theresa suffered a cardiac arrest. During neurological exams, regular and aggressive tion system, and little change cog- the several minutes it took for paramedics physical, occupational and speech therapy to arrive, Theresa experienced loss of oxygen continued through 1994. nitively or functionally.’’ to the brain, or anoxia, for a period suffi- Michael Schiavo, on Theresa’s and his own And the gentleman referenced the ciently long to cause permanent loss of brain behalf, initiated a medical malpractice law- percentage of the medical malpractice function. Despite heroic efforts to resusci- suit against the obstetrician who had been damage award being $486,000 going to tate, Theresa remained unconscious and overseeing Theresa’s fertility therapy. In attorneys’ fees and to helping her slipped into a coma. She was intubated, ven- 1993, the malpractice action concluded in reach her demise. That is also totally tilated and trached, meaning that she was Theresa and Michael’s favor, resulting in a inaccurate. Also quoting from the given life saving medical technological inter- two element award: More than $750,000 in guardian ad litem report: There was a ventions, without which she surely would economic damages for Theresa, and a loss of medical malpractice case filed and pur- have died that day. consortium award (non economic damages) The cause of the cardiac arrest was ad- of $300,000 to Michael. The court established sued. Michael Schiavo and Terri duced to a dramatically reduced potassium a trust fund for Theresa’s financial award, Schiavo were awarded $750,000 in eco- level in Theresa’s body. Sodium and potas- with South Trust Bank as the Guardian and nomic damages. The economic damages sium maintain a vital, chemical balance in an independent trustee. This fund was me- were put into a trust that was meticu- the human body that helps define the elec- ticulously managed and accounted for and

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5452 CONGRESSIONAL RECORD—HOUSE March 20, 2005 Michael Schiavo had no control over its use. In 1997, six years after Theresa’s tragic col- dence, Judge Greer ordered the removal of There is no evidence in the record of the lapse, Michael elected to initiate an action Theresa’s artificial life support. The trust administration documents of any mis- to withdraw artificial life support from The- Schindlers aggressively sought means by management of Theresa’s estate, and the resa. More than a year later, in May of 1998, which to stop the removal of Theresa’s feed- records on this matter are excellently main- the first petition to discontinue life support ing tube. Most of the motions in these efforts tained. was entered. The court appointed Richard were denied, but not without apparent care- After the malpractice case judgment, evi- Pearse, Esq., to serve as Guardian Ad Litem ful and detailed review by the court, often dence of disaffection between the Schindlers to review the request for withdrawal, a involving hearings at which considerable and Michael Schiavo openly emerged for the standard procedure. latitude was afforded the Schindlers in their first time. The Schindlers petitioned the Mr. Pearse’s report, submitted to the court efforts to proffer testimony and admit evi- court to remove Michael as Guardian. They on 20 December 1998 contains what appear to dence. made allegations that he was not caring for be objective and challenging findings. His re- The motion and hearing process continued Theresa, and that his behavior was disrup- view of the clinical record confirmed that through 2000. Then the Schindlers sought to tive to Theresa’s treatment and condition. Theresa’s condition was that of a diagnosed introduce new evidence that was believed to Proceedings concluded that there was no persistent vegetative state with no chance of be of a sufficiently substantial nature as to basis for the removal of Michael as Guardian improvement. Mr. Pearse’s investigation change the court’s decision regarding the re- Further, it was determined that he had been concluded that the statements of Mrs. moval of the feeding tube. The hearings and very aggressive and attentive in his care of Schindler, Theresa’s mother, indicated that testimony before the trial court leading to Theresa. His demanding concern for her well Theresa displayed special responses, mostly the decision to discontinue artificial life sup- being and meticulous care by the nursing to her, but that these were not observed or port included admitted hearsay from The- home earned him the characterization by the documented. resa’s brother-in-law (Michael Schiavo’s administrator as ‘‘a nursing home adminis- Mr. Pearse documents the evolving dis- brother) and his wife (Michael Schiavo’s sis- trator’s nightmare’’. It is notable that affections between the Schindlers and Mi- ter-in-law) along with testimony from Mi- through more than thirteen years after The- chael Schiavo. He concludes that Michael chael. The testimony of these parties referenced resa’s collapse, she has never had a bedsore. Schiavo’s testimony regarding the basis for specific conversations in which Theresa com- By 1994, Michael’s attitude and perspective his decision to withdraw life support—a con- mented about her desire never to be placed about Theresa’s condition changed. During versation he had with his wife, Theresa, was on artificial life support. The testimony re- the previous four years, he had insistently not clear and convincing, and that potential flected conversations at or proximate to fu- held to the premise that Theresa could re- conflicts of interest regarding the disposi- cover and the evidence is incontrovertible nerals of close family members who had been tion of residual funds in Theresa’s trust ac- on artificial life support. The context and that he gave his heart and soul to her treat- count following her death affected Michael ment and care. This was in the face of con- content of the testimony, while hearsay, was and the Schindlers—but he placed greater deemed credible and consistent and was used sistent medical reports indicating that there emphasis on the impact it might have had on was little or no likelihood for her improve- by the court as a supporting basis for its de- Michael’s decision to discontinue artificial cision to discontinue artificial life support. ment. life support. At the time of Mr. Pearse’s re- In early 1994 Theresa contracted a urinary The Schindlers’ new evidence ostensibly port, more than $700,000 remained in the reflected adversely on Michael Schiavo’s role tract infection and Michael, in consultation guardianship estate. with Theresa’s treating physician, elected as Guardian. It related to his personal ro- Mr. Pearse concludes that Michael’s hear- mantic life, the fact that he had relation- not to treat the infection and simulta- say testimony about Theresa’s intent is ships with other women, that he had alleg- neously imposed a ‘‘do not resuscitate’’ order ‘‘necessarily adversely affected by the obvi- edly failed to provide appropriate care and should Theresa experience cardiac arrest. ous financial benefit to him of being the sole treatment for Theresa, that he was wasting When the nursing facility initiated an inter- heir at law . . .’’ and ‘‘. . . by the chronology the assets within the guardianship account, vention to challenge this decision, Michael of this case . . .’’, specifically referencing and that he was no longer competent to rep- canceled the orders. Following the incident Michael’s change in position relative to resent Theresa’s best interests. involving the infection, Theresa was trans- maintaining Theresa following the mal- Testimony provided by members of the ferred to another skilled nursing facility. practice award. Schindler family included very personal Michael’s decision not to treat was based Mr. Pearse recommended that the petition statements about their desire and intention upon discussions and consultation with The- for removal of the feeding tube be denied, or to ensure that Theresa remain alive. resa’s doctor, and was predicated on his rea- in the alternative, if the court found the evi- Throughout the course of the litigation, dep- soned belief that there was no longer any dence to be clear and convincing, the feeding osition and trial testimony by members of hope for Theresa’s recovery. It had taken Mi- tube should be withdrawn. the Schindler family voiced the disturbing chael more than three years to accommodate Mr. Pearse also recommended that a belief that they would keep Theresa alive at this reality and he was beginning to accept Guardian Ad Litem continue to serve in all any and all costs. Nearly gruesome examples the idea of allowing Theresa to die naturally subsequent proceedings. were given, eliciting agreement by family rather than remain in the non-cognitive, In response to Mr. Pearse’s report, Michael members that in the event Theresa should vegetative state. It took Michael a long time Schiavo filed a Suggestion of Bias against contract diabetes and subsequent gangrene to consider the prospect of getting on with Mr. Pearse. This document notes that Mr. in each of her limbs, they would agree to am- his life—something he was actively encour- Pearse failed to mention in his report that putate each limb, and would then, were she aged to do by the Schindlers, long before en- Michael Schiavo had earlier, formally of- to be diagnosed with heart disease, perform mity tore them apart. He was even encour- fered to divest himself entirely of his finan- open heart surgery. There was additional, aged by the Schindlers to date, and intro- cial interest in the guardianship estate. The difficult testimony that appeared to estab- duced his in-law family to women he was criticism continues to note that Mr. Pearse’s lish that despite the sad and undesirable con- dating. But this was just prior to the mal- concern about abuse of inheritance potential dition of Theresa, the parents still derived practice case ending. was directly solely at Michael, not at the joy from having her alive, even if Theresa As part of the first challenge to Michael’s Schindlers in the event they might become might not be at all aware of her environment Guardianship, the court appointed John H. the heirs and also choose to terminate artifi- given the persistent vegetative state. Within Pecarek as Guardian Ad Litem to determine cial life support. Further, significant chrono- the testimony, as part of the hypotheticals if there had been any abuse by Michael logical deficits and factual errors are noted, presented, Schindler family members stated Schiavo. His report, issued 1 March 1994, detracting from and prejudicing the objec- that even if Theresa had told them of her in- found no inappropriate actions and indicated tive credibility of Mr. Pearse’s report. tention to have artificial nutrition with- that Michael had been very attentive to The- The Suggestion of Bias challenges prem- drawn, they would not do it. Throughout this resa. After two more years of legal conten- ises and findings of Mr. Pearse, establishing painful and difficult trial, the family ac- tion, the Schindlers action against Michael a well pleaded case for bias. In February of knowledged that Theresa was in a diagnosed was dismissed with prejudice. Efforts to re- 1999, Mr. Pearse tendered his petition for ad- persistent vegetative state. move Michael as Guardian were attempted ditional authority or discharge. He was dis- The court denied the Schindlers’ motions in subsequent years, without success. charged in June of 1999 and no new Guardian to remove the guardian, allowing that the Hostilities increased and the Schindlers Ad Litem was named. evidence was not sufficient and in some in- and Michael Schiavo did not communicate Actions by the Schindlers to remove Mi- stances, not relevant. It set a date for the ar- directly. By June of 1996, the court had to chael as Guardian and to block the petition tificial life support to be discontinued, as of order that copies of medical reports be to remove artificial life support took on a 24 April 2001. shared with the Schindlers and that all frenetic quality at this juncture. More exter- The decision was appealed to the Florida health care providers be permitted to discuss nal parties on both sides made appearances 2nd District Court of Appeals (DCA), and was Theresa’s condition with the Schindlers— as potential interveners. affirmed in January 2001. The requested ap- something Michael had temporarily pre- On 11 February 2000, consequent to hear- peal to the Florida Supreme Court was de- cluded. ings and the presentation of competent evi- nied on 23 April 2001, one day before the

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5453 scheduled removal of Theresa’s feeding tube. the other was a radiologist/hyperbaric physi- and actions were initiated immediately the On 24 April 2001, Theresa Schiavo’s artificial cian. The testimony of the Schindler’s physi- governor became a named party in the mat- feeding tube was clamped, and she ceased re- cians was substantially anecdotal, and was ters involving Theresa Schiavo. ceiving nutrition and hydration. Under nor- reasonably deemed to be not clear and con- I just wanted to correct some of mal circumstances, Theresa would die natu- vincing. those facts for the record, Mr. Speaker. rally within a week to ten days. The fifth physician, chosen by the court Two days after the clamping of Theresa’s because the two parties could not agree, pre- The circumstances that bring us here feeding tube, the Schindlers filed a civil ac- sented scientifically grounded, academically today are horribly tragic. No matter tion in their capacity as ‘‘natural guardians’’ based evidence that was reasonably deemed where you may fall on this issue, the for Theresa. The trial court, in emergency to be clear and convincing by the court. details of Terri’s case are heart- review, granted a temporary injunction and Following exhaustive testimony and the wrenching. No one in this Chamber the tube was unclamped. Michael Schiavo viewing of video tapes, the trial court con- questions the pain, heartache, and per- filed an emergency motion to vacate the in- cluded that no substantial evidence had been sonal struggles that every member of junction. This led to the second review and presented to indicate any promising treat- Ms. Schiavo’s family has had to deal appeal to the 2nd DCA. ment that might improve Theresa’s cog- The 2nd DCA found that the intention of nition. The court sought to glean scientific, with over the last 15 years. But heart- Florida Statute 765 with respect to matters case, researchbased foundations for the con- breaking decisions like this are deeply such as Theresa’s, is to help expedite pro- tentions of the Schindler’s physician experts, intimate, personal, and private mat- ceedings of the court when decisions have but received principally anecdotal informa- ters; and the Federal Government and been made by the bona fide guardian. The tion. this body, in particular, should not in- 2nd DCA also noted that the Court had acted Evidence presented by Michael Schiavo’s ject itself into the middle of this pri- independently as proxy decision maker re- two physicians and the fifth physician se- vate family matter. garding the removal of artificial life support. lected by the court was reasonably deemed This very personal matter should not In October 2001, the 2nd DCA concluded clear and convincing in support of Theresa that the Schindlers ‘‘have presented no cred- being in a persistent vegetative state with be politicized as it is being here today. ible evidence suggesting new treatment can no hope for improvement. Simultaneous ap- Just a few hours ago, I had an oppor- restore Mrs. Schiavo.’’ The injunction was peals of this decision and renewed actions to tunity to sit down with Ms. Schiavo’s lifted and plans moved forward to dis- remove Michael Schiavo as Guardian were brother, Bobby Schindler. I know that continue artificial nutrition. initiated based upon new evidence. he speaks with great sincerity as I told Fresh and exhaustive motions regarding The June 2003 appeal to the 2nd DCA was him about his sister. Indeed, it is im- new evidence were again crafted and prof- Schiavo IV. The 2nd DCA panel of judges en- portant to emphasize that this type of fered to the trial court by the Schindlers re- gaged in what approximated a de novo re- gut-wrenching, angst-ridden decision sulting in a lengthy hearing. Affidavits from view of all of the facts, testimony and video medical doctors and others alleged that The- tapes presented at trial. The appellate court happens every day across the country resa’s condition could be improved. affirmed the trial court’s ruling and its con- among families dealing with the tragic In particular, the sworn statement of a sin- clusions, and in addition, ordered the trial circumstances of a loved one. And I gle, osteopathic physician, Dr. Webber, court to set a hearing date for removal of the know the pain that this causes families claimed that he could improve Theresa’s artificial life support. only too well because it happened in condition and had done so in like and similar The trial court set 15 October 2003 as the my own family not even 5 weeks ago. cases. date for the removal of Theresa’s artificial My husband’s family had to make the The quality of evidence in this affidavit nutrition tube. identical decision to withdraw suste- was marginal, but the court allowed it to The Schindler’s renewed efforts to remove create a colorable entitlement to additional Michael Schiavo as Guardian, and to dis- nance to disconnect the feeding tube of medical review. The case was remanded to qualify judges, were not successful. Multiple my husband’s aunt. the trial court with the charge that each amicus briefs and affidavits from parties Her children came together to make side would select two expert physicians (a supporting the Schindlers were submitted that very difficult decision, and no one neurologist or a neurosurgeon, according to through the Schindler’s actions and in some in my family felt it was essential that the court) and agree between them regarding instances, independently to the court. I or any other Member of Congress file a fifth, and if they could not agree on the By mid 2003, the landscape and texture of legislation to stop it. This type of deci- fifth, the court would select it. Theresa Schiavo’s case underwent profound sion happens every single day to thou- By May of 2002, the physicians were se- changes. National media coverage, active in- sands of families across America. lected by both sides, but no agreement could volvement by groups advocating right to life, be reached about a fifth, so the court se- and the attention of the Governor’s office Where will we stop if we allow this to lected one. Curiously and surprisingly, Dr. and the Florida Legislature, catapulted The- go forward? Today will be Terri Webber, who had served as the basis for this resa’s case into a different dimension. Schiavo. Tomorrow it will be some- entire process at the 2nd DCA, did not par- The Schindlers, acting on behalf of The- one’s brother or a constituent’s uncle ticipate in the exams or the procedure. resa, filed a motion in federal district court or next week a family member, God Each of the physicians was afforded access seeking a preliminary injunction to stay the forbid, of one of my colleagues or an- to Theresa for the purpose of conducting a removal of the artificial life support from other constituent. thorough examination. Video tape recordings Theresa, scheduled to occur on 15 October Do we really want to set the prece- were made of some of the examinations 2003. On 6 October 2003, Florida Governor Jeb along with segments in which family mem- Bush filed an Amicus brief in support of the dent of this great body, the United bers interacted with Theresa. The physicians motion for a preliminary injunction. The States Congress, to insert ourselves in were deposed and proffered testimony re- brief argues that removal of artificial nutri- the middle of families’ private matters garding their findings. Written reports of the tion, resulting in death, should be avoided if all across America? examinations were prepared by all five phy- that person can take oral nutrition and hy- If we do this, we will end up throwing sicians, and a very detailed hearing was held dration. The Governor predicates his memo- end-of-life decisions into utter and in October of 2002. randum on the pivotal question as to wheth- complete chaos; and we cannot and The clinical evidence presented by the five er Theresa could ingest food and water on should not do that. We are Members of physicians reflected their examinations and her own. That Theresa is in a diagnosed, per- reviews of the medical records. Four of the sistent vegetative state is explicitly recog- Congress. We are not doctors. We are physicians were board certified in neurology, nized. not medical experts. We are not bio- as suggested by the court, and one physician On 15 October 2003, Theresa Maria ethicists. We are Members of Congress. was board certified in radiology and Schiavo’s artificial feeding tube was discon- When I ran for Congress, I did not ask hyperbaric medicine. All of the physicians nected, for the second time. my constituents for the right to insert had excellent pedigrees of medical training. The Florida legislature, in special session, myself in their private, personal fami- The scientific quality, value and relevance of passed HB 35 E on 21 October 2003, author- lies decisions; and they do not want me the testimony varied. The two neurologists izing the Governor to stay the disconnection to make those for them. They do not testifying for Michael Schiavo provided of the artificial feeding tube and required, want you to make those for them ei- strong, academically based, and scientif- among other things, the appointment of a ically supported evidence that was reason- Guardian Ad Litem to produce this report. ther. That is the bottom line. ably deemed clear and convincing by the On that same day, 21 October 2003, the arti- I cannot get into the kind of ques- court. Of the two physicians testifying for ficial feeding tube was re-inserted per the tions that we are getting into being the Schindlers, only one was a neurologist, stay ordered by Governor Bush. Other suits asked here because we do not know. I

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5454 CONGRESSIONAL RECORD—HOUSE March 20, 2005 have never met Michael Schiavo or further hope for the patient, that it is Now, secondly, I would like to cor- Terri Schiavo or the Schindlers and the appropriate for an end-of-life decision rect some of the representations my vast majority of people in this body to be made, even over the objections of colleague from Florida has made. Terri have not either. family members. That was a law that Schiavo is not on life support. She is We do not have the expertise or the President Bush did not just allow to not on a ventilator. She is not on any facts in enough detail to get into these become law without his signature, he kind of artificial heart pump. All she kinds of decisions and make decisions came back from a campaign trip to has is a feeding tube, or had a feeding on these kind of cases. We are not God sign it. tube until it was removed 2 days ago, and we are not Terri Schiavo’s hus- There is an obvious conflict here be- and that is not life support. That is band, sister, brother, uncle or relation. tween the President’s feelings on this simply requiring somebody to have the We are Members of Congress. We make matter now as compared to when he nutrition and the hydration they need laws and we uphold the law and we was Governor of Texas, so I thought as a living human being. swore to uphold and protect the Con- that was an important conflict that To starve someone to death or to stitution and we are thumbing our should be raised here this evening in have them die of dehydration slowly is noses at the Constitution if we do this our discussion. one of the most cruel and inhumane here tonight. Let me just close my remarks by re- ways to die, and what this bill does is Now, I have heard a lot of things said iterating there is no room for the Fed- it requires the reinsertion of the feed- eral Government in this most personal about this legislation and about the ing tube for so long as it takes for a of private angst-ridden family matters, very proceeding that we are engaging Federal Court to determine whether or in which a family has to make the in this evening. I have heard accusa- not her Federal constitutional or stat- most personal of decisions when deal- tions that because this body is debat- utory rights are violated. And that is ing with the course of care of a loved ing this legislation, we are threatening reasonable, because she should not be one. We should not politicize this very somehow the life of Ms. Schiavo. I allowed to die while the courts are de- think it is really important to note personal family matter. Ms. Schiavo made it clear, as opposed termining what her legal rights are and that this is a legislative body created to what the gentleman from Wisconsin whether anybody has violated them. by our forefathers for the express pur- said, that she would not have wished to Mr. Speaker, I yield 3 minutes to the pose of deliberations and representa- remain in a persistent vegetative state, gentleman from Iowa (Mr. KING). tion. and the guardian ad litem report well Mr. KING of Iowa. Mr. Speaker, I The accusation that because we have documents that. In fact, it documents thank the gentleman from Wisconsin 3 hours of debate on an unprecedented it to such a degree that it cites the spe- (Mr. SENSENBRENNER) for yielding me piece of legislation that seeks to insert cific conversations referenced by her this time. the Federal Government in between a family members when she attended fu- I wanted the opportunity to address family while overruling State courts nerals of loved ones who were in simi- the issue of the funding that has gone and circumventing the Constitution, lar situations when they had life sup- in on behalf of Terri Schiavo, and the that is an outrageous accusation and port removed; and she had stated that report that I have put together, I could not worthy of a representative elected if, God forbid, she was ever in this situ- easily add several hundred thousand to craft and debate legislation. ation, that she would not have wished dollars to that that have gone towards I notice today that President Bush to remain on life support. attorneys and towards the interests of has returned from Crawford hoping to The court heard that testimony not Michael Schiavo as opposed to the in- sign this legislation if it is passed by from Terri Schiavo’s husband, not from terests of Terri Schiavo. Congress. I think it is important to her parents, but from other family I would have a documented report note that President Bush when he was members and friends who heard her say that I would file with the CONGRES- Governor of Texas in 1999 signed a these things. They said that there was SIONAL RECORD, except that the trust Texas law that is on the books today enough evidence to render the belief fund for Terri Schiavo has been sealed that was just used a few days ago to that she had made those statements. at the request of the attorney on behalf allow a hospital to withdraw, over the She made it clear that she wished not of Michael Schiavo. So, therefore, we parents’ objections, the life support of to remain in a persistent vegetative cannot get those records. We do not a 6-month-old boy, over the parents’ state, which she is in today. And this know what is going on behind the objections. U.S. Government should not step in to scenes. What we know is that she has b 2130 circumvent the wishes of one dying not had tests, she has not had therapy, woman. and she has been denied medical treat- President Bush signed a law called Mr. SENSENBRENNER. Mr. Speak- ment. the Texas Advanced Directives Act, er, I yield myself such time as I may when he was Governor of Texas. This consume. The attorney of record for Michael law, that has been used several times Mr. Speaker, Federal courts have al- Schiavo happens to also have been a and as recently as a few days ago, lib- ways reviewed whether or not a per- former member of the board of direc- eralized the situations under which a son’s Federal constitutional or legal tors of the hospice where Terri Schiavo person in Texas can avoid artificial life rights have been violated, and that is is now being taken care of. And by the support. Under it, life support can be all this bill does. It gives a Federal way, I happen to have another piece of withheld or withdrawn if you have an Court the opportunity to review the information that flowed to me today, a irreversible condition in Texas from Federal questions that are presented GAO audit looked in on that and that which you are expected to eventually here. organization paid $14.8 million back in pass away. Now, if we accepted the position that Medicaid fees that were inappropri- Indeed, this law, signed by then Gov- has been made by the opponents of this ately collected. ernor Bush, allows doctors to remove a legislation, we would not have had a Another question we have is, we do patient from life support if the hos- civil rights revolution in this country not know whether there is a life insur- pital’s ethics committee agrees, even if rural courts in the South decided ance policy that would name someone over the objections of a family mem- Federal questions that were opposed by as beneficiary in the event of the death ber, only allowing the family 10 days to those who were petitioning to have of Terri Schiavo. The question has been find another facility that might accept their civil rights protected. That re- asked of the guardian several times, the patient, barring any State judicial quired Federal judicial action. And this and he has refused to answer every intervention. country is better because of that Fed- time. So we cannot even evaluate the It appears that President Bush felt, eral judicial action. That is all that is assets or the intent of the guardian. as Governor, that there was a point at being proposed here today, and that is Those issues will be looked at by the which, when doctors felt there was no why the bill ought to pass. court.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5455 Another issue that should be ad- Nobody in here knows. Nobody in This is the grandparent of all forum dressed, and we will hear this contin- here has any way of knowing. What we shops. We dislike what the courts in ually as this 3-hour debate goes on, is have are Members choosing a side Florida have done, so we cancel their the allegation that 19 judges have re- based on their ideologies. There are decision and we send it elsewhere. viewed this and 19 judges have con- people who believe, in what is de- The gentleman from Wisconsin said curred. I have put together the full list scribed as pro life, that nothing that this does not create any new rights. of the judges that have heard the case terminates a life is ever justified. In Well, it gives standing by its own of Terri Schiavo in the history of this, fact, people have said, well, if she had terms to the parents. And, by the way, and throughout all of that I can iden- said so, but many of those who hold if it does not create any new rights, tify Judge Greer, and I can identify a that do not think you have a right to why is it necessary? If in fact without three-judge panel that heard her case say that. There are others of us who be- this bill no new rights have been cre- en banc, and I can identify the Su- lieve, and I must tell you, from what I ated, why could they not have gone to preme Court of the State of Florida, have read, if I were a member of the court without us? The answer is they which we saw perform a number of Schiavo family, if a member of my could not. Because that is not what times in the year 2000, and also the family were involved, I would have American jurisprudence has said. United States Supreme Court, which made the same decision. But I haven’t I believe, as I said, if I were making simply refused or denied cert on the made the decision. I have no right to this decision for myself or anyone close subpoenas last week. make that decision, and I have no in- to me, I would make the same decision So if we are going to count judges formation for it. Michael Schiavo made. But I would not sitting en banc and if we are going to Separation of powers. When they try to defend my judgment in this case. count supreme courts in totals of 7 and wrote the Constitution, they were not I do not know her medical condition. I 9, that narrows it down pretty much to kidding around. They made some sen- do not know what her wishes were. But one judge that has seen and reviewed sible distinctions. We legislate on neither do any of you. all this case and that is Judge Greer. broad policy. When you get to indi- This is as difficult a decision as And I believe that Terri Schiavo de- vidual ajudications, when you get to human beings can make. I am proud to serves her day in court. She deserves a the case, people have said, well, we dis- be a politician, but I think we would de novo review. She deserves an oppor- agree with the medical report. We had all agree that you should not make tunity to be heard and an opportunity the eminent Dr. Frist looking at it on this kind of a decision, this kind of a at life. television and making his diagnosis. decision about life, in these terribly Mr. FRANK of Massachusetts. Mr. We have people making specific judg- emotional circumstances. It should not Speaker, I yield myself 6 minutes. ments about her wishes. We have peo- be made politically. I think we would Mr. Speaker, it is never a good rec- ple making specific judgments about all agree to that. But then let us look ommendation for a bill when its pro- her medical condition. We have not at the corollary. If you do not want a ponents deny its plain meaning. The spent very much time on that. Judges decision to be made politically, why in gentleman from Wisconsin said this is have done that, lawyers have done the world do you ask 535 politicians to not a private bill. Well, perhaps in the that, in adversarial proceedings they make it? technical and irrelevant terms of the have done that. Does anyone think that this decision House calendar it is not a private bill. Now, I know we heard a disparage- will be made without consideration of It is in fact a very private bill. It is so ment of the Supreme Court of Florida. electoral support or party of ideology? private that it deals only with the People did not like the way they voted Of course not. And again, this is not Schiavo case and her parents. 4 years ago, but what does that have to the only case. People should under- And in an admission that it is not a do with whether or not the husband’s stand that, those who are watching very good idea, a provision of this bill, wishes and wife’s wishes are carried what we do. Despite your argument really quite unusual, says by the way, out in this case? That is why we should that this is not setting a precedent, we hope no one will pay attention to not be making this decision. every aggrieved party in any similar this in the future. In legal language, If you listen to the debate, this is litigation can now come to Congress that is, this is not to be precedent set- confirmation of what the writers of the and ask us to make a series of deci- ting. Well, if this is such a good idea, if Constitution did when they said sepa- sions. Congress acting as the super Supreme ration of powers. Congress deals with This is the point. This is a terribly Court of Florida is the right thing to broad policy. Individual adjudications difficult decision, which we are institu- do for Ms. Schiavo, why go to such are made by judges, with cases of law- tionally totally incompetent to make. pains, those of you who wrote the bill, yers and presentations and evidence. b 2145 to say it should not be a precedent? None of that has happened here. You By the way, anyone who thinks it are asking to make a decision based on To allow ideology to triumph in that will not be a precedent, of course, is most of us knowing very little, if any- context is a shame. not paying attention. What you will do thing, at all. Ideology is driving this, Mr. SENSENBRENNER. Mr. Speak- today, if this bill passes, is invite every and that is why we have a separation of er, I yield myself 15 seconds. family dispute of this terrible, painful, powers. Mr. Speaker, in 1995, my friend from heartrending nature to come to the This is not a bill, by the way. This is Massachusetts said, in a habeas corpus Congress. When brothers and sisters a court decision. What happened has bill, ‘‘I want judicial review in a rea- disagree, when parents disagree, the been that this has been very well liti- sonable way. I want people who may courts of the States will have no rel- gated in Florida, litigated on a number have had their rights interfered with to evance; probably the Federal courts of occasions, with lawyers on all sides. be able to sue in reasonable fora.’’ will not. Every single dispute will come Because the majority, for their ideo- That is what this bill does. He was here. logical reasons, do not like the deci- right then. I think this bill is right Now, here is what we are doing here, sion of the Florida courts, we have now now. and it is not the Federalism argument a new principle; that the Congress of Mr. Speaker, I yield 3 minutes to the that bothers me as much as it is the the United States will be the super Su- gentleman from Arizona (Mr. FRANKS), separation of powers. We have already preme Court of a State. a member of the committee. heard debates. What was the fee in the In lawyers terms, we can vacate a Mr. FRANKS of Arizona. Mr. Speak- legal case? What about the hospice? judgment and then remand it. But not er, I thank the gentleman from Wis- Does she or does she not, this poor even remand it. Not send it back to the consin for his humanity and courage to woman who was so terribly hurt, does court that decided it, to a better court. deal with this issue. she or does she not have brain func- Talk about forum shopping. People Mr. Speaker, perhaps it is important tion? Does she or does she not respond? wanted to get rid of forum shopping. for those of us in this Chamber to first

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5456 CONGRESSIONAL RECORD—HOUSE March 20, 2005 remind ourselves again of why we are The SPEAKER. The gentleman from Schiavo family into a tragedy for the really all here. Thomas Jefferson said, Wisconsin (Mr. SENSENBRENNER) has entire Nation. It is my hope that from ‘‘The care of human life and its happi- 741⁄2 minutes remaining, and the gen- this tragedy more people will under- ness and not its destruction is the chief tleman from Massachusetts (Mr. stand the importance of determining and only object of good government.’’ FRANK) has 68 minutes remaining. their own futures and that of their Mr. Speaker, protecting the lives of Mr. FRANK of Massachusetts. Mr. family in the form of living wills. our innocent citizens and their con- Speaker, I yield myself 1 minute. Mr. SENSENBRENNER. Mr. Speak- stitutional rights is why we are all The gentleman from Wisconsin in an er, I yield 2 minutes to the gentleman here. The phrase in the 14th amend- effort to find an inconsistency quoted from Florida (Mr. MILLER). ment capsulizes our entire Constitu- me as being for habeas corpus so people Mr. MILLER of Florida. Mr. Speaker, tion. It says: ‘‘No State shall deprive can have their day in court. I am. I do 2,000 years ago Jesus Christ entered Je- any person of life, liberty or property not ever remember supporting a bill in rusalem on Palm Sunday, marking the without due process of law.’’ It is un- Congress where we decided person by beginning of a week that throughout conscionable that judges holding re- person who got the right of habeas cor- history and the world over has sig- sponsibility to protect Terri Schiavo’s pus and who did not. My argument is a nified the sanctity of human life. To- constitutional rights have chosen to separation-of-powers argument. Yes, I night we are here on Palm Sunday to abandon those responsibilities so that believe a general right to go to court afford the greatest presumption of life now Congress has no honorable alter- when you have claimed there has been possible under our United States Con- native but to respond as we are. an error in your criminal procedure stitution to a woman who has never Hubert Humphrey once said that a makes sense, but we are not talking truly been afforded representation and society is measured by how it treats about that here. We are talking about, whose wishes are truly unknown. those in the dawn of life, those in the despite his claim that this is not a pri- This is not about the sanctity of the shadows of life, and those in the twi- vate bill, a private bill, a bill that Schiavo marriage. That is a matter be- light of life. It is true that Terri names one individual and allows this tween Terri and Michael. Mr. Schiavo Schiavo lives among us in the shadows individual to do it. So if the question is has got some answering to do himself. of life. But she is not brain dead or co- would I be in favor of this House decid- Any insinuation otherwise is clear hy- matose. She is awake and she is able to ing who got the right to bring habeas pocrisy and nothing more. And this is hear, she is able to see, she is often petitions and in what circumstances on not about congressional interference alert. She can feel pain, she interacts a case-by-case basis, the answer is, I into a family issue. I agree that it should be a family issue. with her environment, she laughs, she would not. It would be a failure to un- The problem is Terri’s parents want cries. She expresses joy when her par- derstand the separation of powers, her to live, and Terri’s husband wants ents visit her and sorrow when they what is an appropriate function for a legislative body and what is an appro- her to die. And Terri did not use a liv- leave. ing will to tell us what she would want. Mr. Speaker, she reminds me so priate case-by-case adjudication for the So before an irreversible decision is much of another woman, whose name I court system. Mr. Speaker, I yield 5 minutes to the made, her country must afford her the will not mention, who was in much the gentleman from Oregon (Mr. WU). due process to which she is entitled same circumstance as Terri and a Mr. WU. Mr. Speaker, this is a pro- under the 14th amendment of our Con- young nurse insisted every morning on found tragedy for the Schiavo family, stitution. That means that the State of singing to this patient. Of course, her and I sympathize with all of the family Florida may not starve Terri to death colleagues upbraided her and said, well, members. It is also a deeply personal unless every legal resource to prevent she can’t hear you; those are just reflex matter, one which should be decided it has been taken. Death by starvation, actions. But she continued day after within the family. No one wants this as we have already heard tonight, is day, year after year, to sing to her personal decision to be made by 536 lengthy and incredibly painful. And every morning. Finally she left the politicians: 435 Members of the House, Terri Schiavo can feel pain. The bill hospital, and yet a few years later, the 100 Members of the Senate, and the that we are going to pass is going to patient regained her state of mind and President of the United States. give her due process before she is sen- came back, as it were, to a healthy, The facts of this tragedy, and the tenced to die in this painful manner. clear mind. And all of the nurses gath- competing wishes of the family mem- Convicted serial killers and other ered around her and met with her and bers, have already been determined by death row inmates are afforded Federal they said, Do you remember? Do you those best placed to do so. Those deter- review in their cases. The Constitution remember when we took care of you, minations have been repeatedly rati- confers upon this Congress the power when we turned you to keep you from fied over the past 7 years, by 19 judges to effect the authority on the Federal getting bed sores? When we washed in more than 10 trials, appeals or other courts to conduct this kind of review, you? When we tried to feed you? proceedings. None of those decisions and that is what I hope we do here to- And she said, No, I don’t remember have been reversed, until today. In an night. It is square within our powers, it anything except someone singing. unprecedented procedure, the United respects the separation between the Mr. Speaker, Terri Schiavo rep- States House of Representatives and legislative and the judicial branches, resents the mortality and helplessness the United States Senate are voting to and it holds to the principles of fed- of us all as human beings. And whether direct a Federal court to relitigate this eralism. we realize it or not, we are at this mo- entire matter. There is going to be hollow rhetoric ment lying down beside her listening There are deeply personal and private in this Chamber tonight about the need for that song of hope. If we as a Nation issues that are discussed by every mar- for investigations and about reviewing subject her to the torture and agony of ried couple. These discussions occur in facts before acting and about attempts starving and thirsting to death while bedrooms across America. Also, in- to politicize religious beliefs. But her brother, her mother and her father tensely personal decisions are made in where were these arguments last are forced to watch, we will scar our hospital and hospice rooms across this Wednesday night when we passed a bill own souls. And we will be allowing country. By forcing this vote through for Terri unanimously under voice those judges who have lost their way to Congress, the Republican leadership is vote? And where were these arguments drag us all one more ominous step into demonstrating that no bedroom in Friday afternoon when Judge Greer ig- a darkness where the light of human America and no hospital room in this nored a congressional subpoena de- compassion has gone out and the pred- land is beyond the reach and power of signed to allow us the chance to get atory survival of the fittest prevails this Federal Government. This is more information? over humanity. wrong. The Supreme Court has stated that the au- If the song of hope is to be silenced, The Republican leadership has trans- thority to subpoena is an ‘‘indispensable ingre- Mr. Speaker, let it not be tonight. formed a profound tragedy for the dient’’ of Congress’ legislative power. Judge

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5457 Greer’s Friday order expressly disregards that very important you know this is just b 2200 authority, and he should be held in contempt the latest chapter. This bill does not create any new of this body. Like Michael Schiavo, the Judge In 2003, unhappy with the decisions of rights. It simply creates a new judge in has some answering to do. the court, the Governor and the State an attempt to achieve a different result We have a woman who hasn’t had food or legislature in Florida attempted to or to delay a different decision. drink in over two days. We made efforts in the change the rules that controlled Terri’s One of the chief Senate sponsors of ordinary course of legislative business to af- wishes and to pass what was referred to the bill said earlier today that the pur- ford Terri Schiavo her constitutional rights, and as Terri’s Law, giving Governor Bush pose and the effect of the bill in his they were rejected. Now, we are left with no the authority to reinsert the feeding judgment was to cause the Federal choice but to implement extraordinary means tube. The Florida Supreme Court ruled judge who will hear this case to re- in the middle of the night. that law unconstitutional, and the insert the tube. Whether you’re using morality, or religion, or United States Supreme Court refused Before we vote tonight, I would like the Golden Rule, or legal analysis to guide to hear Governor Bush’s appeal. to ask the Members to ask one ques- your decision, at the root of all this is a living, Last week, the Florida legislature tion of themselves. If this were their breathing American citizen who has been de- and the Governor attempted yet a sec- family, if they some day, and I hope prived of her rights. This measure will correct ond time to change the rules that they do not and I hope I do not, find that, so I urge all my colleagues to support it. would cover the enforcement of what themselves in this tragic situation, one Mr. FRANK of Massachusetts. Mr. was found to be Terri’s wishes. For the of the most tragic we will ever experi- Speaker, I yield 8 minutes to the gen- good of Floridians, for the good of the ence in our lives, and they and their tleman from Florida (Mr. DAVIS), again country, after the House had passed wife had come to a conclusion about someone who has worked on this for the bill and the Governor continued to what they want as a couple or individ- quite some time. pursue it, very courageous members of ually as to how they end their life, how Mr. DAVIS of Florida. Mr. Speaker, the Florida senate and the Florida would they feel if elected officials they tonight I join millions of Floridians house, on both sides, Democrats and had never met who did not know them and Americans hoping and praying for Republicans, refused to make the same thought their judgment was superior to Terri and her family at this incredibly mistake a second time. One of the top theirs? How would they feel if that af- difficult time. Terri Schiavo’s case is a Republicans in the Florida house said, fected them and their spouse? tragedy we all hope and pray our own ‘‘The legislature should stay out of I have followed this case for years. families will never go through. And to- family court issues.’’ My views tonight are the same as they night this Congress is about to commit The State legislation that failed in have been always. This case is about a travesty. the State senate died when some of the Terri’s will as interpreted by the I think we can agree the impact of leading Republican Senators said, ‘‘We courts, God’s will, and it should not be this legislation extends far beyond cannot and should not sacrifice our about the will of the United States Terri Schiavo. Tonight, congressional oaths as political officers on the altar Congress. Sadly, regardless of what leaders are poised to appoint this Con- of political convenience.’’ this Congress does tonight, everyone gress as a judge and a jury. These ac- These were State legislators recog- may lose. Terri’s husband may lose his tions are a threat to our democracy. wife. Their parents may lose a daugh- More than 200 years ago, our fore- nizing the limits of their power. Here tonight in the United States Congress, ter. fathers designed government with My hearts and prayers go out to three separate, yet equal, branches. will we recognize the appropriate lim- its of our power? Terri and her family. This Congress is about to overturn the Mr. SENSENBRENNER. Mr. Speak- Leading the charge in this debate are separation of powers by disregarding er, I yield 2 minutes to the gentle- several physicians who are Members of the laws of Florida and the decision of woman from North Carolina (Ms. Congress. I think it is fair to say none a judge that have never been reversed. FOXX). of them have examined Terri Schiavo. This Congress is on the verge of telling Ms. FOXX. Mr. Speaker, it is a sad I seriously doubt any of them had a States and judges and juries that their day in America when a society as great chance to review the medical records. laws, their decisions do not matter. as ours and filled with as many oppor- Instead, many of them, many Members Multiple courts have had an oppor- tunities as ours turns its back on one of Congress, are forced to rely upon a tunity to rule in Terri’s case, including of its most vulnerable disabled citi- videotape that is several years old that the United States Supreme Court, Fed- zens. It is unfortunate that it has come does not begin to tell the story. eral district courts, and the Florida to this. Supreme Court. As Justice Scalia has Let us keep in mind neither this My colleague said a little bit ago or said himself in end-of-life cases like House nor Senate has had a single asked the question, ‘‘Where will we this, ‘‘The Federal courts have no busi- hearing, has heard from a single wit- stop if we allow this to go forward?’’ I ness in this field. American law has al- ness, has provided any meaningful op- ask the same question of them: Where ways accorded this power to the portunity for the public to participate will we stop if we allow this to go for- States.’’ in this very important debate. ward? This is not an end of life deci- This Congress should respect the law The bill under consideration tonight sion. and the rulings of courts and not tram- essentially does one thing: it starts the Those who have said that this issue ple the Constitution. If we do not draw process all over again with a different should be a private and personal mat- a line in the sand tonight, what limit is judge, an attempt to achieve a dif- ter are correct. I agree with them. Con- there to the democratic principles that ferent result, a different finding as to gress has no business interjecting its this Congress is prepared to violate? Terri’s wishes or simply to delay the opinion in the end-of-life decisions of What limit is there to the liberties enforcement of her wishes. any family. that we might trample upon? It has been described by the chair- This is not what we are doing here. For those of us that are Floridians, man of the committee that what this Terri Schiavo is not brain dead, she is this is a very painful issue. Not just be- bill does, if I heard him correctly, is to not on artificial life support. She is not cause we represent many, many people, provide an opportunity for Terri’s par- terminally ill or in the process of Democrats, Republicans or people that ents to assert their rights under the dying. She is brain damaged but if are not particularly political who have United States Constitution. They have given the chance to be rehabilitated living wills, who have wishes they ex- always had that right. They had that again, there is no telling what she can pect to be honored and not interfered right in State court. They had that do. with. We are also deeply saddened be- right in Federal court. They had that We are here precisely because we re- cause we have been in the middle of right in the United States Supreme spect the rule of law. And my colleague this saga for quite some time, and it is Court, which turned down the appeal. read the 14th amendment to us before,

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5458 CONGRESSIONAL RECORD—HOUSE March 20, 2005 and I will not do it again. Congress is the wisdom of the founders of this gov- cer and was dying. One goes into a hos- merely saying to the Nation that we ernment in not putting these decisions pice when they are in the process of think a Federal court should look into in the Congress is that they understood dying. Terri was not dying. this case and determine whether or not that most of the time we would make Mention was made earlier by the gen- her constitutional right to life has the wrong decisions. We do not know tleman from Florida (Mr. WEXLER) that been infringed upon. End-of-life deci- the facts of this case or thousands of everyone agrees that Terri is in a per- sions are excruciatingly difficult for others that are out there today despite sistent vegetative state. That’s not any family to make. I know. My moth- assertions to the contrary tonight. true. Let me remind my colleagues er told us every week of her life that That is why we should not, we should that no less than 14 independent med- she did not want to be kept on life sup- not, substitute our judgment for the ical professionals, including six neu- port. She had a stroke and she was on courts. Congress should not play doc- rologists, have said she is not in a per- life support. The most difficult deci- tor, certainly not by long-distance sistent vegetative state. sion I ever made in my life, and my fa- video or hearsay diagnosis, nor should Let me also point out to my col- ther’s. But we consulted with the phy- we be the judiciary. If Congress wants leagues Dr. William Hammesfahr, an sicians, and we were able to get her to to avoid tragedies like this, we should M.D., board certified neurologist from a point where she could live off of life deal with policy questions, such as ade- Clearwater, Florida has testified, and support and leave it in the hands of quate home care for the 8 million he has signed an affidavit as recently God, and that is what we did. Americans who need it and see that as March 6 of this year, and he has said I know how difficult this decision is Medicare and Medicaid provide ade- Ms. Schiavo is not in a persistent vege- too. I do not know anyone here in this quate long-term care. Yes, we should tative state. He goes on to point out legislative body who wants to interject spend our time that way, and every that she could benefit, and I will in- their opinion in any family’s decision, Member of this body should spend the clude this full statement in the but starving a woman to death when time tonight talking with their family RECORD, from medical interventions death is not imminent is wrong. Terri members about advanced medical di- that are available right now as we Schiavo deserves to have her constitu- rectives and living wills. That is some- meet, she could be getting therapies, tional rights respected. thing we can do to help prevent trage- medical and otherwise, that would Mr. Speaker, my thoughts and pray- dies like this. make her situation all that much bet- ers are with Terri and her parents to- Mr. SENSENBRENNER. Mr. Speak- ter. All of that has been denied to her. night. er, I yield myself 30 seconds. She has sat in a hospice to languish de- Mr. FRANK of Massachusetts. Mr. Mr. Speaker, this bill does not make nied these basic medical provisions and Speaker, I yield 4 minutes to the gen- a decision on whether or not the feed- procedures that could enhance her life. tleman from New Jersey (Mr. HOLT). ing tube should be reinserted. It does I would hope that we would vote for Mr. HOLT. Mr. Speaker, we are turn- not make a final decision on the issues this legislation. ing a sad family tragedy into a gro- that are being decided in Florida. What The material previously referred to is tesque legislative travesty. It is a trag- it does do is that it says that a Federal as follows: edy. But what we are talking about to- court, a judge, will review the Federal DECLARATION OF WILLIAM M. HAMMESFAHR, night is nothing other than inserting constitutional and legal rights that be- M.D. our judgment for the courts. Today long to Terri Schiavo, and that Federal I, William M. Hammesfahr, M.D. have per- every day in every county in America, judge will make a decision on Federal sonal knowledge of the facts states in this families, doctors, hospital chaplains issues, and that is all the bill does. Declaration and, if called as a witness, I are making life-and-death decisions, Mr. Speaker, I yield 2 minutes to the could and would testify competently thereto under oath. tough decisions and tender decisions. gentleman from New Jersey (Mr. I declare as follows: Each one has its own circumstance, SMITH). 1. I am a Board-certified neurologist in pri- and Congress cannot reasonably under- Mr. SMITH of New Jersey. Mr. vate practice in Clearwater, Florida. My cur- stand each and should not be involved. Speaker, I thank the gentleman for riculum vitae is attached to this declaration. For 215 years it has been a solid prin- yielding me this time. 2. I have previously filed affidavits and tes- ciple of this country that Congress is Mr. Speaker, we meet tonight under tified in the matter involving Terri Schiavo. not involved in issues like this. extraordinary circumstances, and I for 3. I have personally examined Terry Schiavo, reviewed her available medical Today in church at Palm Sunday one am very grateful to the Speaker records, and reviewed her CT can. When I services, I read the bulletin, and as is and majority leader DELAY for bringing last reviewed her CT scan I noted that Ms. the usual practice there was a list of us back because a much-loved disabled Schiavo had significant brain tissue. She has the sick and hospitalized, the home- woman in Florida has been ordered to a large amount of viable brain tissue in her bound. I read each name. There are die by starvation and dehydration. We cerebellum space and cerebral hemispheres, some family tragedies in that list and meet tonight because Terri Schiavo’s not just scar tissue or spinal fluid. some tragedies yet to come. But those family, including her parents, Bob and 4. I have previously testified, and I am still families would not want Congress to Mary Schindler, refuse to allow their of the opinion, that Ms. Schiavo is not in a persistent vegetative state. send them to one court or another for precious daughter, who is not in a 5. Further, Ms. Schiavo had the ability to a review. This evening I had dinner coma nor is she terminally ill nor is swallow. When I examined her approxi- with a family, my own relatives who she in a persistent vegetative state, to mately two years ago, she was not PVS of yesterday and today had visited the be killed by starving her to death. MCS, she was in an alert state, able to follow hospital where the family decided to Disabled people deserve no less than commands, able to respond to language, and remove the feeding tube from a loved everyone else deserves, to have their able to swallow. one. They came out of the hospital to fundamental human rights protected 6. Her condition of hypoxic emcephalopathy is a type of stroke. It is a find, to their dismay, that Congress is and properly asserted. We meet here condition I routinely treat with therapy, second guessing their decision. Imagine tonight because there are serious ques- sometimes 50 and 60 years, after the injury. how they feel. Why should they believe tions whether Terri Schiavo’s es- She is only 15 years past the injury. We rou- that Congress will stay out of their tranged husband, Michael, who has tinely see major improvements within the personal affairs? abandoned Terri for another woman first six months of treating such patients. By the way, why are we debating this and has had two kids with the other Terri Schiavo deserves to have the benefit of case? I do not want to be too cynical, woman, could be trusted as a legal further treatment. guardian for a woman for whom he has 7. There have been new advances in med- but could it be that the TV cameras ical evaluation and treatment for patients are rolling? sought death for many years. like Terri Schiavo even in just the past few Doctors sometimes make the wrong Let us not forget she has been in a years. For example, in November of 2003. decisions, Mr. Speaker. Families some- hospice for 5 years. My mother was in Judge Susan Kirkland of the Florida Depart- times make the wrong decisions. But a hospice. She had terminal brain can- ment of Health validated the treament I

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5459 have been providing victims of stroke by 7. During my personal observation of Ms. gentleman is making exemplify why identifying me, during her ruling, ‘‘the first Schiavo, I saw her respond to music and to this needs to be a case-by-case deci- physician to treat patients successfully to her family by grimacing, moving and smil- sion, not a legislative decision. restore deficits caused by stroke.’’ With my ing, and turning her head. She could not Mr. Speaker, I yield 30 seconds to the therapy, there is improvement of blood flow move her body very much at that time, be- gentleman from New Jersey (Mr. to the brain. cause of stiff joints, but she turned her head 8. There are other therapies that could toward her family and looked at them. She SMITH). benefit Terri Schiavo, such as Hyperbaric would follow balloons around the room to a Mr. SMITH of New Jersey. Mr. Oxygen Therapy, and nutritional therapy, great degree. These behaviors, in my opin- Speaker, I thank the gentleman for that all have high success rates, and these ion, are not consistent with a Persistent yielding me this time. should be tried on Terri. Vegetative State (PVS), but are those of It is precisely what the gentleman 9. As a patient, Terri Schiavo is not in that Minimally Conscious State (MCS). from Wisconsin (Mr. SENSENBRENNER) bad of a condition to begin with. We treat 8. There have been medical advances in the has been saying all night. We want the many patients who are a lot worse. There are evaluation and treatment of patients like venue to be a Federal district court in a lot of therapies out there that will very Ms. Schiavo even in just the past several Florida to look at this critical matter likely improve her condition, and they all years and since the last time that I exam- from beginning to end to determine compliment each other, so if you do them all ined her. For example, these advances in- in a series, she could get a lot better. clude further documentation of the neuro- what has been missed. There is a ben- 10. Without a doubt, I observed Terri swal- logical response to HBOT and now the devel- efit of the doubt here that goes to low. At a previous hearing for Terri, all five oping field of Hypoxia Imagining. Having Terri. She ought to get it. We do not physicians who examined her agreed and tes- just a normal MRI or CAT Scan is not think she has gotten it. Let the court tified that she can swallow. We know that enough for a patient like Ms. Schiavo. I decide. because the body makes approximately 2 li- would recommend Ms. Schiavo have a Mr. FRANK of Massachusetts. Mr. ters of saliva and post-nasal drainage a day SPECT brain scan before and after HBOT. Speaker, I yield myself 1 minute. and if she can swallow that, which she can There is a data demonstrating an improved The caption tonight ought to be ‘‘We because she swallows her saliva, then she can SPECT brain scan after one or a few HBOT are not doctors. We just play them on swallow food. sessions can provide a significant correlation C–SPAN.’’ The point is this: The gen- 11. I believe that it is wrong and medically as to response from a full course of HBOT. unethical to remove Terri Schiavo’s feeding We can then determine if there is improve- tleman is making specific medical ar- tube and derive her of food and water. At the ment in the pattern of her brain, and predict guments. He has said, in strong criti- very least, further swallowing tests should if additional hyperbaric treatment would cism of the entire judicial system of be done, and swallowing therapy used, so produce improvement. Ms. Schiavo deserves the State of Florida, that they did not that Terri can feed herself, without the use to receive the benefit of this advance in med- give her a fair chance; that the entire of the current feeding tube. ical evaluation and treatment. I have worked judicial system, all of those appeals, I declare under the penalty of perjury with many patients who have shown marked all of those trials, all of that litigation, under the laws of the State of Florida that cognitive improvement with HBOT. Docu- that that did not give her a fair chance the foregoing is true and correct. mentation is available upon request. Executed this 06 day of March 2005, in 9. When I observed Ms. Schiavo, I noted and we will now vacate the judgment of Clearwater, Florida. that she did not interact with me, but she Florida. And why? Not because any of WILLIAM M. HAMMESFAHR, M.D. did interact with her mother and father. She us know one thing or another, but be- Declarant. does not respond to other strangers. She does cause many Members here genuinely respond to people she knows and this is not have a strong ideological interest, and DECLARATION OF WILLIAM MAXFIELD, M.D., something a person in a PVS state would be that is precisely why this ought to be a FACNM able to do. I base this opinion on my 30 years judicial decision and not a legislative I, William Maxfield, M.D., FACNM, have of practice in radiation therapy, and as med- ical director for a hospice program, where I decision. personal knowledge of the facts stated in Mr. Speaker, I yield 5 minutes to the this declaration and, if called as a witness, I have dealt with many patients who are in a gentleman from Virginia (Mr. MORAN). could and would testify competently thereto PVS state. under oath. I declare as follows: 10. In my opinion Terri Schiavo is MCS, be- Mr. MORAN of Virginia. Mr. Speak- 1. I am a medical doctor and licensed in cause if she was PVS, she would not respond er, I thank the gentleman from Massa- Florida and several other states. to the stimuli around her, including the chusetts for yielding me this time. 2. I have extensive experience in treatment music. In my opinion, she is in a vegetative Mr. Speaker, the most traumatic mo- of stroke, multiple sclerosis, brain trauma, state. ment of my life was when my mother cerebral palsy, other cognitive diseases and 11. Without a doubt, Terri does respond and died in my arms. She had chosen not to congenital problems such as ataxia- she does swallow her own saliva. If she can be dependent on a respirator in a hos- telangectasia as well as many other diseases do that, then, in my opinion, she can swallow liquids. pital but to die at home with her fam- that are treated with Hyperbaric Oxygen ily. These circumstances, or some vari- Therapy (HBOT). My experience in imaging I declare under the penalty or perjury and hyperbaric medicine provide a unique under the laws of the State of Florida that ant of them, occur eventually within background for my work in developing proto- the foregoing is true and correct. every family, and whether the Federal cols to diagnose and treat conditions that Executed this 6 day of March 2005, in Odes- Government has the right to intervene may benefit from hyperbaric oxygen ther- sa, Florida. in those private tragedies is the issue apy, such as the current condition of Terri WILIAM MAXFIELD, M.D., PACNM, before us tonight. Declarant. Schiavo. I talked to Terri Schiavo’s brother 3. A copy of my 20-page curriculum vitae is Mr. FRANK of Massachusetts. Mr. today, and then finding what he said attached to this declaration. Speaker, I yield myself 1 minute. convincing, I read through all of Mr. 4. In May of 2002, I previously evaluated Mr. Speaker, the previous impas- Schiavo’s testimony and interviews. Terri Schiavo. I reviewed supplied medical sioned speech from a gentleman who records, personally observed and evaluated And now I do not know who is right legitimately and genuinely holds a and who is wrong. But that is the Ms. Schiavo on two separate days at the re- very strong opinion here is exactly why quest of attorney Pat Anderson, who was in- point. Neither do my colleagues. But 10 volved in the case at that time. we should not, as a Congress, be decid- courts have heard from all sides, from 5. When I evaluated Ms. Schiavo I observed ing this issue. He made a number of every relevant witness, and all of them, that she was able to swallow at that time. statements about her medical condi- 19 judges, many of them conservative She swallowed her saliva. She didn’t drool tion. None of us are in a position to Republicans, all have reached the same her saliva like a patient would if they could know what her medical condition is. conclusion, that in fact Terri Schiavo’s not swallow. There are procedures in the State of 6. Based on my observation that Ms. husband’s wishes are consistent with Florida which have been gone through his wife’s, that the feeding tube should Schiavo can swallow, I believe that she de- exhaustively to determine that. Doc- serves the opportunity to see if she could be removed. tors have testified one way or another. sustain her life by swallowing food and b 2215 water. I recommend that she receive further Doctors have examined her, some doc- swallowing testing, and the right to sustain tors have not examined her. That is I have never met, certainly not ex- her life by eating and drinking on her own. precisely the point. The arguments the amined, Ms. Schiavo; but nor have any

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5460 CONGRESSIONAL RECORD—HOUSE March 20, 2005 of the so-called medical experts in this state: ‘‘A man, even if seriously ill or Mr. Speaker, I believe we have a duty as body that have testified on the basis of disabled in the exercise of his highest Members of Congress to uphold a culture of edited videotapes ever examined her ei- functions, is and always will be a man, life and compassion. It is important that we act ther. But every qualified doctor who and he will never become a vegetable today to save Terri Schiavo’s life and uphold has examined her has reached the same or a man animal. Even our brothers the moral and legal obligation of our nation, in- conclusion: she is in a perpetual vege- and sisters who find themselves in the deed this poor woman’s Constitutional right to tative state; she has no cerebral cortex. clinical condition of a vegetative state life. The reason this issue is before us, I retain their human dignity in all its In our nation of checks and balances, I be- think, is that it is all about religion fullness. The loving gaze of God the Fa- lieve it is time for Congress to check the Flor- and politics. But does not every reli- ther continues to fall upon them, ac- ida court’s decision and pass this life saving gion teach, first of all, that no human knowledging them as his sons and measure. being has the right to play God? And is daughters, especially in need of help.’’ I encourage bipartisan support of this legis- not one of the very first principles of The tragedy of this situation is that lation because we are here, at this ‘‘11th politics is that we should not use indi- with proper treatment, now denied, hour,’’ quite literally, to save Terri’s life. vidual human tragedies, people suf- Terri’s condition can improve. Even Mr. FRANK of Massachusetts. Mr. fering in anguish, political pawns to though Terri’s parents object to the re- Speaker, I reserve my time. appease the interest groups that keep moval of her feeding tube, the courts Mr. SENSENBRENNER. Mr. Speak- us in power. have rejected their pleas, and at this er, I yield 2 minutes to the gentleman Mr. Speaker, the night that this was point it appears that all legal efforts to from Nebraska (Mr. FORTENBERRY). brought up last week, we also voted on save her life have been exhausted, un- Mr. FORTENBERRY. Mr. Speaker, a budget resolution, and we decided to less Congress acts swiftly. while I was at home this weekend, my cut tens of billions of dollars out of the Mr. Speaker, I believe we have a duty little 2-year-old girl wanted me to take program that enables the poorest and as Members of Congress to uphold a her for a walk. I looked forward to hav- the sickest and the most dependent culture of life and compassion. ing some ‘‘daddy time’’ with her. But among us throughout this country to Terri has been incapable of making relevant before we could leave, she fell asleep on be able to live in a dignified, safe and decisions, particularly concerning her medical our stairway. I picked her up, cradled sanitary nursing home. We decided to care, since she collapsed due to a potassium her, and brought her to her bed. cut that money. I did not agree with imbalance in 1990 at age 27, just a few years As I looked at her precious little cutting that money from Medicaid, but after her marriage to Michael Schiavo. Terri’s face, I thought of Terri Schiavo’s I do agree we have that right. We have parents want her to live. The governor of Flor- mother and father: how they must have the right to cut taxes for the wealthy, ida, her state of residence, and many in the cradled their little girl, loved her, while we cut health care for the poor. state legislature want her to live; however, the watched her grow, given her hand in But we have no legislative, constitu- Florida Court system has ruled the husband’s marriage. tional authority to intervene in these guardian rights should prevail. Unfortunately, But, Mr. Speaker, as we are all now very personal family matters, and most his wishes have set his wife on a course of familiar, Terri’s life met with terrible importantly, we have no moral right to dehydration, starvation, and death. tragedy. A debilitating illness left her be doing this tonight. It is important to note that Terri never had incapacitated, a medical system has Mr. SENSENBRENNER. Mr. Speak- the opportunity to plead her own case in court not protected her, and a judicial sys- er, I yield 2 minutes to the gentleman and she never executed an advanced directive tem has betrayed her. And through this from Georgia (Mr. GINGREY). or living will in writing. all, Terri’s mother and father are still Mr. GINGREY. Mr. Speaker, in re- Terri responds to verbal, auditory, and vis- there with their little girl, loving her, sponse to the remarks a few minutes ual stimuli, normally breathes on her own and caring for her, asking only for one sim- ago from the gentleman from Massa- can move her limbs on command. As a result ple thing: do not starve her to death. chusetts, I want to say that I am not of her parent’s love, they have fought for Give her food, give her water, ordinary sure whether or not I am on C–SPAN, years to prevent her court ordered death and care for a living person. but I am absolutely sure that I am not have expressed their willingness to take care Mr. Speaker, impoverished judicial playing doctor, for indeed I am one. of her for the rest of her life. reasoning has created the need for a Mr. Speaker, I want to thank my col- Since the Florida state court has issued an new law, granting to Terri the same leagues for returning to Washington on order prohibiting Terri from even being given right given to Death Row inmates to Palm Sunday to take up this very im- food or water by her mouth, once her tube is appeal. Given the complexity of who portant issue. As my colleagues know, pulled she will not die from any disease, but should have final say over Terri’s life, we are here today in an attempt to safe from starvation and dehydration. an estranged husband who is now in a the life of Terry Schiavo. I particularly Florida law prohibits the starvation of dogs, common law marriage, or her loving want to thank the gentleman from Illi- yet will allow the starvation of Terri Schiavo. parents, it is only reasonable that addi- nois (Speaker HASTERT), the gentleman Florida law does not allow for physician as- tional levels of appeal be given. from Texas (Mr. DELAY), the gen- sisted suicide or euthanasia, nor does my Mr. Speaker, I wish to thank our tleman from Wisconsin (Chairman SEN- compassionate God fearing state of Georgia. leadership for their exhaustive efforts SENBRENNER), and the gentleman from Although I am not a neurologist by specialty, on Terri’s behalf, for their willingness Florida (Mr. WELDON) for their leader- my basic courses in medical school taught me to stand for a compassionate society ship on this issue. Although Congress that dehydration is a horrific process. that protects its most weak and vul- cannot heal Terri, we do have the abil- It is a process that only the cruelest tyrants nerable members. ity to save her from an inhumane in history have used to ‘‘cleanse’’ populations. Mr. Speaker, let us join Terri’s moth- death from forced starvation and dehy- The patient’s skin cracks, their nose bleeds, er and father and cradle Terri in the dration. they vomit as the stomach lining dries out, and arms of a just and good decision. Mr. Speaker, since Terri Schiavo’s they have pangs of hunger and thirst. Starva- Mr. FRANK of Massachusetts. Mr. brain injury 15 years ago, she has been tion is a very painful death to which no one Speaker, I yield 31⁄2 minutes to the gen- profoundly disabled. She is not, how- should be deliberately exposed. tlewoman from Washington, D.C. (Ms. ever, in a coma. She responds to the The tragedy of this situation is that with NORTON). people around her; she smiles and she proper treatment, now denied, Terri’s condition Ms. NORTON. Mr. Speaker, I thank can feel. Terri is very much alive. can improve. Even though Terri’s parents ob- the gentleman for yielding me time. Mr. Speaker, listen to the words spo- ject to the removal of her feeding tube, the Mr. Speaker, it is hard to know how ken just one year ago by Pope John courts have rejected their pleas and, at this to approach this case. Should you ap- Paul II to the International Congress point, it appears that all legal efforts to save proach it as a mother or a member of of Catholic Physicians on life-sus- her life have been exhausted unless Congress the family on the opposite side, should taining treatments and the vegetative acts swiftly. you approach it as a member of the

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5461 House of Representatives, should you to death. We do not let them starve Secondly, we are told this is just a try to approach it as a lawyer? prisoners to death. But that is what general principle like habeas corpus. I One thing is clear: choosing up sides, some would do to Terri Schiavo. have to ask people on the side who are where you or I stand on our particular This is about the rights of a disabled pushing this, if this is such a good idea, values, clearly will not do. That is why person. Terri Schiavo is not brain dead why is it limited to this case and why matters of this kind involving families or comatose or unconscious. She is not do you say it is not to be a precedent? have for more than 200 years been com- terminally ill, she is not dying, she is If, in fact, it is to be the rule that peo- mitted to State courts, because we are not on artificial life support. All she ple should have this appeal, why do you all over the place, State By State, per- needs is a feeding tube to eat. But so do limit it to only one individual? son by person, on this issue. We are many disabled people. That suggests that this is a response hopelessly divided. Terri has a brain injury, but other- to a particular dispute. You are re- Countless Americans have already wise she is healthy. Seven years after sponding to a particular dispute be- made decisions like this, over and over the injury, her husband suddenly re- cause it did not come out ideologically again. Countless more have a different membered Terri’s wishes about life and and for whatever reason you say you view. There are some who, if they had death. Her estranged husband has not wanted. But if it is a principle, why is to choose, would side with the husband allowed her any therapy or treatments it written as a bill applying only to as the next of kin, because he believes or rehabilitation in more than a decade these individuals, and it specifically he knows what his wife desired based since he won the malpractice award, says it cannot be a precedent? on what she said to him and believes he even though many doctors believe that Clearly, this is an individualized re- would betray her trust if he simply they would help her condition. In fact, sponse to a controversy that attracted walked away. Who can fail to be sym- she was speaking some words before attention, and if you believed in the pathetic with him? her treatment stopped. She may not principle, you would have made it uni- Who can fail to be sympathetic with even need the help of a feeding tube if form. the parents, who almost instinctively given therapy. Doctors who have seen Mr. SENSENBRENNER. Mr. Speak- have adopted the role of parent? When her certify that she can swallow. er, I yield 2 minutes to the gentleman the mother said today, ‘‘Save my little Mr. Speaker, this woman needs help, from Alabama (Mr. ADERHOLT). girl,’’ she is not even any more for her not a death sentence. She needs the Mr. ADERHOLT. Mr. Speaker, it is a grown woman, the wife of somebody. warmth of a family that cares for her. Sunday evening, a time when those of She is her little girl, and always will She needs the help of doctors who want us in the House of Representatives are be; and I understand that. to treat her, instead of recommending usually not in session. But tonight is There are 50 different States, 51 in- that she die. But her family is not even an unusual night and the cir- cluding the District of Columbia, with allowed to help her because of a judge’s cumstances before us are unusual. wholly different approaches to the ruling, a judge who in 5 years has not b 2230 same matter. How shall we choose? even bothered to visit her once to see It goes without saying that we of Which is best in a Federal Republic? To for himself that Terri is not comatose, course are discussing the life and death give it to the Congress? To then in- that she is not unconscious, that she is of Terri Schiavo. The situation that struct the Federal courts to violate not in a vegetative state. Terri is in has been discussed here on every rule we have had for 215 years? I If prisoners on Death Row are guar- this floor tonight already, and you hardly think so. anteed Federal review of their cases, only have to turn on the news or pick Until today, there was no doubt how Terri Schiavo deserves at least as up a newspaper to learn about it. How- finality should be reached in a case much consideration. The 14th amend- ever, as I have watched, as I have lis- like this. My only hope is that some- ment of the Constitution says: ‘‘No tened, as I have read the news, I have how this will finally be settled without State shall deprive any person of life, been shocked at some of the inaccurate a three-part constitutional crisis of the liberty or property without due process statements that have been made about kind we are creating here, the crisis at of law.’’ This means Florida may not Terri’s condition. the heart of federalism and the Federal starve Terri to death unless every legal The bottom line is that once Terri is Republic for which we stand, the bed- recourse to prevent it has been taken. dead, it will be too late to reconsider rock of who we are, the State-Federal This is a constitutional right. Terri’s what else we will do. The truth is Terri system, where State issues with State life is valuable. She deserves a right to is not brain dead. She is awake. She is courts are final and our issues are live. The disability community is hor- aware of her surroundings. Terri is not final, except in very narrow cir- rified at what is happening to Terri, on artificial life support. No extraor- cumstances given the limited vision of and so are millions of Americans. I dinary measures are being taken. She the Federal Government, of the Found- urge every one of my colleagues to does need assistance in being fed, but ers, or the crisis of separation of pow- have compassion on this disabled that is not unusual. I have a perfectly ers, which we were barely circuiting woman and allow a Federal court to re- healthy 1-year-old little boy, and he here, or the crisis of the constitutional view the facts and her constitutional needs assistance in being fed, perhaps right of privacy. Choose your crisis. rights. not through a feeding tube, but none- The victims here are real people, Mr. FRANK of Massachusetts. Mr. theless he needs help. however, caught in a dispute of Shake- Speaker, I yield myself 11⁄4 minutes to As I said, this is an unusual situa- spearean dimensions. The other side deal with two arguments that have tion. Usually Congress writes laws with thinks that is right, it is life and been presented here as precedents. a broad brush, but every once in a death. That is what makes it different. This is an unprecedented piece of in- while an unusual situation will require But my friends, never before in dividual case decision. One, we are special legislative action. That is a sit- countless cases in Federal and State told, well, we did this previously with uation for us tonight, Mr. Speaker. courts in 215 years, life and death has civil rights. After years of determining Tonight, the possible life or death of not made a difference in my own life- and establishing that there was a dis- Terri Schiavo is before us. I ask my time and in the history of my country criminatory pattern, we made an ex- colleagues to support this legislation, as I have read it. I wish that the fact ception. The rule remains that States and may we as a Nation continue to that life and death were at issue had decide these kinds of decisions; but be- protect the most innocent and most meant that we could go into Federal cause there was an overwhelming vulnerable among us so that the United court every time we disagreed. showing of a pattern of discrimination States of America will continue to be Mr. SENSENBRENNER. Mr. Speak- based on race, outlawed specifically by that light on the hill, that beacon of er, I yield 2 minutes to the gentleman an amendment to the Constitution, we hope for all mankind. from Pennsylvania (Mr. PITTS). made an exception. There is no show- Mr. FRANK of Massachusetts. Mr. Mr. PITTS. Mr. Speaker, in America ing here of any such pattern of dis- Speaker, I reserve the balance of my we do not let people starve an animal crimination. time.

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Mr. SENSENBRENNER. Mr. Speak- Massachusetts (Mr. FRANK) for yielding the most basic, most fundamental er, I yield 2 minutes to the gentleman me time. right guaranteed by our Constitution, from Kansas (Mr. RYUN). Mr. Speaker, why are we here to- that is the right to life. And it is our Mr. RYUN of Kansas. Mr. Speaker, night? We have not been ordained or responsibility to protect that right. we are considering today what is the called by some all-powerful force to Now, I interpret and a lot of people life of Terri Schiavo, and it is not just play God or play doctor. have looked at the decision by the about who we are as Americans. It is Every day American families make Florida judiciary and they interpret about a lifestyle. It gives us the oppor- life-and-death decisions governed by this as something that says our soci- tunity to affirm constitutional protec- their own faith and led by their own ety, our country should be willing to tions apply to all Americans, particu- hearts. This Congress does not inter- accept and facilitate the murder of an larly the most vulnerable among us. fere with most personal decisions of adult human being, a human being who As a disabled person, Terri Schiavo these American citizens. Why then, Mr. has not committed any crime at all deserves the same right as any Amer- Speaker, why have we come here to- whatsoever. ican, and for Terri time is quickly run- night? I do not think the Founders of our ning out. I believe it is extremely im- Where is the respect for individual country or our Constitution would portant that Congress step in to pro- responsibility that is waved like a ban- agree with that decision, Mr. Speaker. tect the life of Terri before it is too ner in this Chamber? Where is the re- I think it is entirely appropriate that late. spect tonight for States’ rights that we the Federal courts consider this mat- In looking at the evidence in this said we hold so dear? If we really be- ter, a matter that so clearly speaks to case, I believe the courts have acted ir- lieve in those values, we will stay out the core of our belief, the belief that responsibly. Terri Schiavo does not of Terri Schiavo’s life today and let the every human being has worth, every need the assistance of any machine to decision of her husband and the ruling human being has a value, and every keep her alive. She is responsive to the of the Federal court stand. human being has a right to live. sound, touch, and sight of those caring Leadership must lead. Tonight this Our hearts are with Terri Schiavo for her. She has parents and siblings leadership is a taillight. It is not the and her family. Our reason and our in- who desperately want to take care of headlight for democracy and for a citi- tellect are with the Constitution. her. Yet the courts have even denied zen’s right to privacy that it should be. Mr. FRANK of Massachusetts. Mr. the ability of the relatives to offer food This is demagoguery. This is a step Speaker, I reserve the balance of my and water to her lips. In fact, Noble in where we have no business. This is time. Prize Nominee Dr. William walking where the angels fear to tread. Mr. SENSENBRENNER. Mr. Speak- Hammesfahr recently issued a state- We are playing with a young woman’s er, I yield 2 minutes to the gentleman ment saying he has examined Terri and life for the sake of politics. This is not from Florida (Mr. WELDON). he believes her injury is the type of about values. This is not about reli- Mr. WELDON of Florida. Mr. Speak- stroke that he treats every day with gion. It is pandering for political gain er, I thank the gentleman for yielding success. In fact, he said there are many with the next election in mind. me time, and I commend him for the approaches that would help Terri. I Mr. Speaker, how much further can work he has put in over the last 4 days know because I have had the oppor- we slide down this slippery slope of hy- to try to bring this bill to the floor. tunity to personally examine her and pocrisy? How much lower can we sink? This is not the original version of the her medical record and her x-rays. How much more unprincipled can we bill that I introduced about 2 weeks It is time to help Terri instead of just ago, but I think it will have the in- warehousing her. She would have bene- be? In a democracy, sometimes we dis- tended result. fited from treatment years ago, but it For many people listening and is not too late now. Terri’s parents agree with individual decisions. Some- watching, you may get the impression along with her brother and sister have times it is hard to bear judgment that this is a dispute between the Demo- begged her husband, Michael, to let we do not understand. But if we truly crats and the Republicans; but there them take care of Terri. He has not believe in individual freedom and the only refused this request, he has denied right to privacy, then we must get out were 30, approximately 30 Democrats Terri the rehabilitative care they of the way and let people be free. on the bill and I know that many might have offered her to help with her This is a matter that should rest Democrats do support this. condition. Now he has had her feeding with the family, their consciences, and I practiced medicine for 15 years, in- tube removed and sentenced her to a their God. The Florida courts have spo- ternal medicine, before I came to the most excruciating death, citing Terri’s ken, and we should not intervene. House of Representatives. I took care own wishes as the rationale. This is a very, very sad night for the of a lot of these kinds of cases. And Yet Terri did not express this to her House of Representatives. Mr. Speaker, there were basically three features of parents or siblings or reduce her wishes is it possible for us to let this young this case that compelled me to feel on paper, and Michael did not remem- woman take her leave in peace? that a Federal review of the case was ber the supposed request until years Mr. SENSENBRENNER. Mr. Speak- warranted. And by the way, I think it after Terri’s initial injuries when a er, I yield 2 minutes to the gentle- has been pointed out by some of the cash settlement was awarded to her, a woman from Tennessee (Mrs. BLACK- people that preceded me, Scott Peter- settlement he would stand to inherit. BURN). son’s case is going to get a Federal re- If we as a Congress allow this to hap- Mrs. BLACKBURN. Mr. Speaker, we view, John Couey, the man who con- pen without guaranteeing her 14th all know that there are deep emotions fessed to killing that young girl in amendment rights to due process, that are involved in this debate to- Florida not far from where Terri Terri’s blood is on our hands. If we do night. And earlier many of us met with Schiavo lives, he will get a Federal re- not act now, our inaction is completely Terri Schiavo’s brother, and I do not view; but there were several features of irreversible. think that anyone can truly convey it. I urge my colleagues to support this what that family is going through. And Number one, by my medical defini- bill. as a mother, a tragedy of this type is tion she was not in a vegetative state Mr. FRANK of Massachusetts. Mr. my worst nightmare. based on my review of the videos, my Speaker, I yield 3 minutes to the gen- But, Mr. Speaker, we, this Congress, talking to the family, and my dis- tleman from Georgia (Mr. LEWIS), we are not here simply because we be- cussing the case with one of the neu- someone who knows something about lieve in our hearts that a great mis- rologists who examined her. And, yes, I Federal intervention when it is called take is about to be made. We are here asked to get into the room and was un- for. because all of us, each and every one of able to do so. Mr. LEWIS of Georgia. Mr. Speaker, us, Americans, Members of Congress, The other thing was this very I want to thank the gentleman from we all know and we understand that lengthy pause, and that has also been

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It is so ed that she would have wanted to die, been that immediately family brings tragic. he withheld this information for 9 that up. They do not wait 7 years. I honestly do not know what to do. years and never came forth with it There were other features of this case But for anybody to try to imply that until the State law in Florida said they that I thought were highly unusual people on one side or the other do not would now allow hearsay evidence for that warranted a Federal review. I care about this woman is not right or living wills. But up until then, there think this is a good bill. I encourage all fair, on either side. This is an Amer- was nothing from her husband. of my colleagues to vote in support of ican tragedy but, more importantly, it After the heart attack and chemical it. is a personal tragedy. And people on reaction in 1990, she was taking ther- Mr. FRANK of Massachusetts. Mr. both sides are pro life in the richness apy. And, in fact, she was able to speak Speaker, I yield myself 45 seconds. and complexity and difficulty of it. and communicate to some degree until The gentleman’s remarks again em- Some are trying to do their best to 1993, when he discontinued the therapy. phasize that this is a judicial and not a honor what they believe are this wom- Mr. Speaker, if there is a split decision, legislative case. He says there are as- an’s wishes to not live condemned to a we should go with the 14th amendment pects of this case that call for judicial bed where she cannot speak or enjoy and the desire of the parents. review. That is why we have courts. the higher virtues of life she might Mr. FRANK of Massachusetts. Mr. Yes, other people can get other Fed- choose. And if she did indeed say I Speaker, I reserve the balance of my eral review by general statutes. None would not choose the fate of being con- time. of the other cases he mentioned are in demned to this bed, then we are deny- Mr. SENSENBRENNER. Mr. Speak- Federal courts because a particular bill ing her that right to make the choice. er, I yield 2 minutes to the gentleman was passed in a particular situation to That is the challenge here tonight, my from Georgia (Mr. PRICE). send them there based on a review of friends. Mr. PRICE of Georgia. Mr. Speaker, I those facts. But let no one who leaves this body thank the gentleman for yielding me The gentleman is entitled to his view somehow imply that whichever the this time. of the facts as he said. There are as- vote is taken, one side or the other Mr. Speaker, there have been a lot of pects of this case that lead him to does not respect life in its richness. We charges talked about tonight and a lot think that it should go back into are all pro life. We all feel for this fam- of emotion. This is a painful process. court. That is what courts are for. He ily. And also let no one believe that we As a physician, I have dealt with end- has just described the antithesis of a are somehow saving this woman from a of-life decisions in families as they legislative decision, particularly since horrific fate whichever route we struggle countless times. Why is this almost none of the Members have ei- choose. one different? First and foremost, there ther as much information as he does. Mr. SENSENBRENNER. Mr. Speak- is no living will in place; and, second, Mr. Speaker, I yield 21⁄2 minutes to er, I yield 2 minutes to the gentleman there is a fundamental disagreement the gentleman from Washington (Mr. from Georgia (Mr. KINGSTON). between Terri’s husband and her par- BAIRD). Mr. KINGSTON. Mr. Speaker, I ents, two who normally would agree. Mr. BAIRD. Mr. Speaker, I thank the thank the gentleman for yielding me There is also a disagreement among gentleman for yielding me time. this time. medical experts. I do not know what to do tonight. I Mr. Speaker, I am a cosponsors of the Now, where do we make decisions honestly do not. If Terri Schiavo were Weldon legislation. I respect his opin- when there are disagreements with ir- here, she could tell us what she would ion as a Floridian and as a doctor, but reversible life-changing decisions? A like her fate to be under this cir- I am also a cosponsor of the Sensen- court of law. What court? Depends on cumstance. Those who say that we are brenner legislation, as I respect his the case. Does Congress have the au- condemning her to death by starvation, lead and opinion as a jurist, a lawyer, thority? Absolutely. Article I, Section that may be so if action is not taken and as someone who knows the 14th 8 and Article III, section 1 give Con- tonight. But it may also be so that you amendment. And I do believe there is a gress the authority to determine the may be condemning her to a life that question about the 14th amendment, jurisdiction of Federal courts, and that she might not choose were she here to due process, being followed or not. is what we are doing here tonight. choose that. Here is what we do know. Terri is not Ideally, decisions are made among Some of us have spoken on both sides a PVS, someone in a permanent vege- families. When loved ones disagree, our of the aisle of holding our loved one in tative state. Florida has a legal defini- society strongly, strongly believes in our hands as they died, having made tion of this and it states that one has individual rights and that they must be the decision not to have heroic meas- to be permanent or irreversibly uncon- preserved. That is why all State death ures. For 23 years before working in scious, with no voluntary or cognitive penalty cases get a final review in Fed- this body, I served as a clinical behavior of any kind, and without abil- eral court, and that is all that is being neuropsychologist. I have been with ity to communicate. Terri is able to asked here. many patients in persistent vegetative laugh, she is able to cry, and she, ap- As I sat in church this morning, I state. parently, can hear. She responds to struggled with this and I prayed. I I wish life were different. I really stimuli, such as voices, touch, and peo- prayed for a lowering of the rhetoric. I wish it were. I will tell Members the ple. prayed for a decrease in the emotion. stories like the gentleman from Ari- Six neurologists and eight medical This is not a clear-cut case. This is an zona (Mr. FRANKS) and others about professionals have testified that she is extremely difficult case, and I ask my sudden recoveries, where people almost not PVS, even though her husband has colleagues for caution. It is right and miraculously or magically are better discontinued valuable therapy now for just that we have a final set of eyes, and return to their former state are nearly 10 years. Terri is not terminally objective, nascent and responsible apocryphal for the most part. ill. She is not in the process of dying. eyes, review the case and provide that After years of coma, people do not re- She is not on a respirator, she is not on final cautious review. It is our respon- turn to who they were before. What dialysis, she is not on a pacemaker or sibility to ensure that right. happens is we have a brain stem that is any other 24-hour medical equipment. Mr. FRANK of Massachusetts. Mr. miraculously robust at protecting She is not in a coma. And although Speaker, I yield myself 30 seconds.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5464 CONGRESSIONAL RECORD—HOUSE March 20, 2005 It is true that the Constitution gives We have never, ever done such a clearly this is a decision to be made by Congress the right to provide the juris- thing in the history of this country, the husband.’’ diction of the courts. This bill does and we should not start now. The Con- Now, this is not just a decision made that for one individual, which, as the stitution of the United States says by the husband. This is a decision made gentleman from Georgia’s comments there should be no ex poste facto law by Terri Schiavo, according to the tes- make clear, it is based on the facts of because it is fundamentally unfair. timony of the husband and the broth- the one case. This is not ex poste facto, it is not a ers-in-law and the sisters-in-law. This This is not an act of legislation, this criminal court, but it is the same kind is a decision made by the husband and is a case-by-case adjudication because of legislation. It is a bill of attainder, Terri Schiavo, according to all the tes- Members here genuinely dislike the in effect. There is a reason why the timony. So we have no respect for the outcome of the Florida court system. Constitution prohibits bills of attain- carefully established procedures our Mr. Speaker, I yield 6 minutes to the der and ex post fact laws, and although States have set up to wrestle with gentleman from New York (Mr. NAD- this is not technically an ex poste facto these difficult cases; no respect for the LER). law or a bill of attainder, it violates all elected representatives of the Florida Mr. NADLER. Mr. Speaker, I thank those reasons, and we should respect State legislature or their judges. the gentleman for yielding me this the spirit of the Constitution of the Who are we to say they are wrong? time. United States. Who are we to say Terri Schiavo and Mr. Speaker, this bill is a dan- Mr. Speaker, it is an uncontradicted her husband are wrong? Who are we to gerously reckless way to deal with one fact, uncontradicted except for the say that Terri Schiavo’s husband is of the most serious issues we will ever speculations of some orators in this self-interested? And who are we to say confront. There is no way to make Chamber, that Terri Schiavo told her this is any different from the thou- these judgments easy, even when the husband, told her sister-in-law, told sands of cases of do-not-resuscitate or- express desires of the patients are clear her brother-in-law, told various of her ders that are given effect in our courts and unambiguous. Where there is dis- friends when attending funerals of and in our hospitals every day, other agreement on the medical facts or on close family members who had been on than the fact that this case has gotten the wishes of the patient, these cases life support, that she would ‘‘not want a lot of publicity and a lot of public of- can be heartrending and sometimes bit- to live like that.’’ The Florida court ficial intervention? This is hypocrisy ter, beyond the comprehension of those found that to be the case, to be the at its greatest, and we ought not to who have been fortunate not to have to fact. The guardian ad litem appointed pass this bill. make these decisions. by the court, in his report to the court, Mr. SENSENBRENNER. Mr. Speak- So what does this bill do? This bill found that. er, I yield myself 1 minute. would place a Federal judge in the mid- This is not the case of a perhaps self- Mr. Speaker, I am a little bit puzzled, dle of this case after the State courts interested, conflict of interested hus- listening to my friend from New York. have adjudicated it, after doctors and band testifying to that. It is the case of At 151 CONGRESSIONAL RECORD, page family members and counsel and clergy the husband saying that she told him 4931, the gentleman from New York and the courts in Florida have strug- that, the friends, the brothers-in-law, (Mr. NADLER) said, ‘‘If a person thinks gled with it for years. After everything the sisters-in-law. They all said the a court in a State is depriving someone is over, after all the facts have been es- same thing. And the court found that, of civil rights, they can go into Federal tablished to the satisfaction of the as a matter of fact, that is what Terri Court.’’ And at volume 150 CONGRES- courts, all the appeals exhausted, the Schiavo said that was her wish. SIONAL RECORD at page 17226, the gen- writ of certiary denied by the Supreme The doctors’ testimony. The doctors tleman from New York noted that Court of the United States, now we testified, doctors who examined her, without Federal courts, ‘‘Obviously, start all over again. not doctors standing up on the floor the progress we have witnessed in the My colleagues wish to put one of here who say, well, from the video tape area of civil rights would have been, at those unelected Federal judges they al- we can infer. Doctors can be deprived the very least, stymied, and most like- ways denounce right in the middle of of their license for making diagnoses ly prevented altogether.’’ this and say the trial starts de novo. from afar. But doctors who have actu- Now, all this bill does is to allow the Ignore everything the Florida courts ally examined this patient have testi- parents of Terri Schiavo to go into have done. This expresses contempt for fied her cerebral cortex is liquefied; Federal Court to adjudicate her Fed- the Florida courts, contempt for the that it is destroyed. Without a cerebral eral constitutional and legal rights. No Florida legislature. Nothing is to be cortex there is no sensations, there is more, no less. considered res judicata. No facts are to no consciousness, there is no feeling, Mr. Speaker, I yield 2 minutes to the be considered established. there is no pain, there is no possibility gentleman from Michigan (Mr. This is not establishing a Federal ap- of recovery. SCHWARZ). peal from the Florida courts on the That is what a persistent vegetative Mr. SCHWARZ of Michigan. Mr. grounds that the Florida courts have state is. There is no possibility of re- Speaker, I shall not try to influence violated some constitutional rights we covery, despite the wishes, despite the the opinion of anyone on this issue. I are familiar with; those kinds of proce- fervent hopes, despite the illusions of will simply share with you my opinion, dures. No, this does not do that. This desperate relatives. We should not feed the opinion of a physician of almost 41 simply says the Florida courts are in- those illusions. years duration. competent. The Florida legislature is And what has happened to family I am a head and neck surgeon. I have incompetent. The Florida people are values that we talk about here? This done cancer surgery almost all of those not to be trusted in electing their bill would invade the sanctity of the years. I have done much maxillofacial judges and their legislators. family, would invade the decision of trauma all of those years and dealt Instead, we are going to put this the husband. George Will, a noted con- with situations like this on numerous case, and only this case, in the Federal servative comentator and philosopher, occasions. courts from the very beginning and we conservative enough so that he fa- Terri Schiavo has spontaneous res- instruct the Federal courts to ignore mously helped coach Ronald Reagan piratory activities and respontaneous the evidence in the Florida courts; to for his debates in the Presidential de- cardiac activity. She is not on life sup- ignore the procedures in the Florida bates in 1980, said on television this port, as we routinely define it. She is courts; to ignore the testimony in the morning, and I quote, ‘‘Unless we are not intubated and she is not on a res- Florida courts and to start all over, be- prepared to overturn centuries of com- pirator. cause we have contempt, because we do mon law and more than two centuries And I give the gentleman from the not like the judgments of the Florida of constitutional law that says that State of Washington credit for his courts. husband and wife are one, therefore knowledge of the physiology of the

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5465 brain stem. He is right, it is very ro- When we think about this case, we here. You do not get any, well, this is bust, and that certainly is one of the need to think about the message that going to happen in a month, why don’t things that is driving her now. But she we are sending to our children and our you get ready for it. It happens and does have some cognition and some grandchildren. What we do in this then you have got to make a decision. cortical activity. Chamber tonight is as important as And there you are as a family group. b 2300 anything we have done in defending Everyone here is going to have this our Nation, in doing the things that we happen to them sometime. Removing her gastrostomy tube will do as Members of Congress. When we When my father was 95 years old, he ultimately cause her demise, a react to the Terri Schiavo case, when had had a couple of strokes. On his commissive act that will cause the we think about this legislation to- first stroke, we talked to him. He was death of a human being. night, we need to think about the fu- 93 before we ever talked about a living How many others in this country are ture and the message we are sending to will, okay? That is the way it is in now in long-term care facilities with America. That is why we do not have feeding tubes, but able to breathe on our children and our grandchildren. Mr. FRANK of Massachusetts. Mr. Terri’s words in a will. You do not their own, their hearts beating strong- Speaker, I yield 30 seconds to the gen- think about dying when you are young. ly? Should their feeding tubes be re- tleman from New York (Mr. NADLER All right. So my father has had a moved as well? I think not. ). I believe it is wrong to remove a feed- Mr. NADLER. Mr. Speaker, I did in- stroke. We said to him, Dad, what do ing tube from an individual whose deed say that there can be Federal you want us to do in terms of extend- cardiopulmonary function is stable and court review of due process, obviously. ing your life? He said, Well, I don’t who has some remaining cognitive That has happened here. And the Fed- want any of those paddles that they abilities. It is unfortunate in many eral court said, ‘‘Not only has Ms. use on ER. They can do artificial resus- ways that this venue is where this Schiavo’s case been given due process citation, but I don’t want that paddle issue will be decided, but removal of in State court, but few if any similar thing. this feeding tube under these very pub- cases have ever been afforded this Okay. The doctor came to me and lic circumstances is a slippery slope heightened level of process.’’ said to me, Jim, the paddles are much down which we and the United States The difference in this bill is not that more humane than doing artificial re- should not tread. it is a review of State court, but it or- suscitation. If you press on an old This bill deserves our support. ders a de novo proceeding to ignore ev- man’s chest to try and start his heart Mr. FRANK of Massachusetts. Mr. erything that happened in State court from the external massage, you break Speaker, I reserve the balance of my as if the State courts did not exist. the ribs. Then he has got pain from time. That is unprecedented, that is con- broken ribs. Actually, the paddle is Mr. SENSENBRENNER. Mr. Speak- temptuous, that is different; and that much more humane. er, I yield 2 minutes to the gentle- should not be done. So I went back to my father, and my woman from Colorado (Mrs. She got the appellate review already. brothers and I, we had a talk with him, MUSGRAVE). The appellate courts and Federal court and he said, well, I want it done the Mrs. MUSGRAVE. I thank the gen- did not agree with the distinguished way it should be done. Then came the tleman from Wisconsin for his work. chairman. That is not an indication for day when he had his third stroke and Mr. Speaker, there are doctors in this a new bill. he could no longer swallow, and he was Chamber, there are lawyers in this Mr. FRANK of Massachusetts. Mr. on IVs. And so there were two brothers, Chamber, there are judges in this Speaker, I yield 31⁄2 minutes to the gen- a sister, and me and my mother, and Chamber. I am none of those, but I am tleman from Washington (Mr. we had to stand around and decide an elected Member of Congress. I am MCDERMOTT). whether or not we were going to put in also a mother. Tonight in this gallery Mr. MCDERMOTT. Mr. Speaker, this a stomach tube, a feeding tube. Any- my daughter sits. I think of my daugh- case, what we are doing here tonight, is body who stands out here and says that ter, I think of my other three children, not about Terri Schiavo. The evidence is not an extraordinary process is abso- and I think of the day they were born. for that begins in the way this was lutely wrong. It is no different than I think of the milestones in their lives brought to this body, being brought in being on a ventilator, forcing air into and the love that I have for them. I on St. Patrick’s Day at 11:30 at night, someone’s lungs, than it is forcing food think of the lengths that I would go to with no hearings, no notice to the into them. That is exactly what it is. protect my children as adults even if body, nothing. It was going to be You are throwing all that up in the they had an injury. I think of the rammed through here without discus- air and leaving families and doctors lengths that I would go to care for my sion. with nowhere to go because this is not children. I would die for my children. I And what troubles me, and I have setting precedent; this is something to would do anything for them. heard my colleagues here, as a psychia- hide something else, some diversion of My heart is raw when I hear the trist, I cannot make diagnoses of peo- what is going on in this House. things about Terri Schiavo and her ple that I have not examined. That is Mr. SENSENBRENNER. Mr. Speak- mother and her father and her siblings, contrary to my profession, and I can be er, I yield 2 minutes to the gentleman because I just lost my brother in No- disciplined for doing that. The rest of from Arizona (Mr. RENZI). vember. I think of how my life changed you can be doctors. You can come out Mr. RENZI. Mr. Speaker, tonight I in an instant and all the lives of those here and tell us anything you want. stand with Terri’s father, a man who who cared for him. We talk about a But a doctor cannot come out here and raised up his little girl and gave his family decision. What about Terri’s say anything really about somebody daughter’s hand in marriage with the mom and dad? What about her siblings? they have not examined. understanding that she would be pro- What about the people who cared for So what you are now doing with this, tected in sickness and in health, for her and nurtured her as she was grow- and you want it both ways. This is better or for worse; with Terri’s moth- ing up? Do you not think they know what troubles me about this. On the er who brought her into this world and what Terri wants? one hand, you say this is not precedent. gave her life, and to unite myself with When we talk about a permanent This is only one case. This is only one Terri’s brother who continues to strug- vegetative state, I am offended by that. case. What am I supposed to do as a gle for his sister. Together, each of Terri smiles and acknowledges the peo- physician like the gentleman from them is simply begging for her life. ple that love her when they come to Michigan (Mr. SCHWARZ)? As a psychia- None of my colleagues on the other see her. She cries when they leave. How trist, I dealt over and over and over side are kin to Terri. None of them are heartless are we to call somebody like again with family members facing this related or are family. The only family Terri Schiavo a vegetable? What are we exact problem. It is gut-wrenching. she has left wants only to provide her thinking? You do not get any planning process with water and nourishment.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5466 CONGRESSIONAL RECORD—HOUSE March 20, 2005 Out of Florida, there is no justice. mentally disabled woman starve to b 2315 Justice requires her judges to exercise death while the whole Nation watched. Almost everybody in the health care prudence. Where is the legal analysis Mr. FRANK of Massachusetts. Mr. profession that I spoke to are avid pro- that weighs the issue of Terri not being Speaker, I yield myself 15 seconds. life people, but they know the sad allowed a CAT scan and further med- We just heard what would have made facts. Their comments were almost to ical diagnostic evaluation? Where is an excellent summary in the legal case a person, something to the effect of 15 the balance of the scales of justice that in this matter, but not a legislative ar- years of being in a persistent vegeta- weighs Terri’s family’s parental rights gument. We heard very specific allega- tive state is far too long to suffer. To tions and arguments which are hotly with those of her estranged husband? second guess the Florida legislature, contested about the individual case. Tonight’s vote says we want a second Florida courts, and Terri’s choice is The Americans with Disabilities Act look at this unique case. We want just plain wrong. We should not be en- was a general law. It has nothing to do mercy. gaged in second guessing many neu- Be merciful and find true bravery and with this individual case here. Mr. Speaker, I yield 5 minutes to the rologists and on-site health care pro- justice in preserving the life of Terri fession always who have seen the pa- gentlewoman from Florida (Ms. GINNY Schiavo. tient, performed tests, and attested to BROWN-WAITE). Mr. SENSENBRENNER. Mr. Speak- the courts that Terri is not going to re- er, I yield 2 minutes to the gentleman Ms. GINNY BROWN-WAITE of Flor- ida. Mr. Speaker, on December 3, 1963, cover. from Indiana (Mr. SOUDER). Theresa Marie Schindler was born in This is a very difficult decision that Mr. SOUDER. Mr. Speaker, as a pro- I know does not come easily for any lifer, I have supported the efforts of the Pennsylvania. At the time, I was preg- nant with my first child and my beau- Member of this body. It is gut wrench- gentleman from Florida (Mr. WELDON) ing and reaches deep into our hearts. to save Terri Schiavo’s life from the tiful daughter, Danene, was born 5 days later on December 8. She is my best My daughter, who was born 5 days after beginning, but as I have learned more Terri Schiavo, is a health care profes- about this case it is not just a case friend and today she, too, is a mom. I certainly can relate to Mr. and Mrs. sional, who, when I asked if she would about traditional life debates. Nor- Schindler’s love for their daughter and want me to battle to keep a feeding mally those issues are hard, but what their passionate fight to keep her alive. tube in if she had not signed a living is happening in this case is a moral Mothers have a precious bond with will, said to me, and I want the Mem- outrage. Terri Schiavo is not depend- their daughters. The issues that we are bers to bear in mind that she is a ent upon life supports. She is depend- discussing tonight are not because health care professional who deals day ent upon being fed, only she cannot those who may speak on one side or the in and day out with patients with feed- feed herself. other are right or wrong or pro-life or ing tubes, but the difference is that Years ago, my wife, Diane, when she pro-choice. The issue here is what Terri they are not in a vegetative state, her worked at the Fort Wayne State hos- would have wanted. It is not what we response to me was sufficient to help pital and training center set up a feed- would want for ourselves or even our me make up my mind. She said to me, ing training program for disabled peo- loved ones. We should not be second- No, Mom. If you really loved me, you ple who could not feed themselves. guessing a patient’s wishes. That is not would want me to have rest and meet Should they now die, too? Terri swal- what we were elected to Congress to the Lord.’’ lows, shows eye movement, and seems do, nor do I believe that our forefathers Mr. SENSENBRENNER. Mr. Speak- to respond. She is a living human being would have ever wanted us to be in- er, I yield 2 minutes to the gentleman although with limited competency. volved. Terri Schiavo’s constitutional from Texas (Mr. CONAWAY). Those who would let her die can over- right to make the decision she felt Mr. CONAWAY. Mr. Speaker, I rise in play her handicaps, but they cannot comfortable with is being usurped by support of this bill tonight with a change the fact that she is a living her parents and now this Congress by heavy heart, as is everybody in this human being who is responsive. means of this private bill. Chamber. Also, her guardian is supposed to pro- Jay Wolfson was appointed guardian I would, though, like to address an tect the person they are guarding, not ad litem for Theresa Marie Schiavo. I important issue that we have not take the money intended for life sup- know Jay Wolfson and often called talked much about, and that is the port, divert it and offer no rehabilita- upon him when I was a State senator conflict of interest that I believe her tion efforts. Many others who can swal- chairing the health care committee, husband has with respect to his deci- low their saliva and who can barely do because I knew that he could always sions that are supposedly in her best anything beyond that have received give me an impartial review of con- interest. I have spent a professional ca- help for years. She did not get it be- troversial matters relating to health reer as a CPA working under a code of cause most of it was spent on attorneys care. Jay Wolfson’s report to Governor conduct that requires me to function by her guardian who wanted to kill Bush and the Sixth Judicial Circuit without conflicts of interest. I have to her. This is a moral outrage. Her true dated December 1, 2003, reviewed the disqualify myself as an auditor if I guardian is her parents at this point. court testimony and statements made have got a conflict of interest that is in Her husband is in a compromised posi- by all family members. It is important appearance or in fact. This body has tion. With his fiancee and two children to know that the Schindler family heard much about the importance of by that fiancee, it would be very incon- members stated that even if Theresa conflicts of interest, whether in the venient if she recovered. It is an out- had told them of her intention to have Sarbanes-Oxley bill that talks about rage what is happening. artificial nutrition withdrawn, they the relationship of auditors and their Furthermore, there are those who would not do it. Throughout this pain- clients, or campaign finance laws would say that States rights here ful and difficult time, these same fam- where it talks about the impact that should prevail over the right of handi- ily members acknowledged that Terri money has on these conflicts of inter- capped people to be killed. Whether it was in an irreversible, persistent vege- est. be the Americans with Disabilities Act tative state. Terri’s husband has, in my mind, a or the Medicaid that has funded her be- Today, I burned up the phone calling significant and apparent conflict of in- cause her husband’s money that was health care professionals that I know terest in this matter. Her husband is supposed to be for her rehabilitation back in Florida. These are people who her guardian, and he is duty bound, in was going to lawsuits to kill her or make life-and-death decisions and real- my mind, to make decisions that are in whether it is a simple basic constitu- ize that the 5-year-old video we see on Terri’s best interest. tional right to life, they all prevail TV of the eye blinking and apparent Even the most casual observer would over States rights. movements are an involuntary reflex- conclude that he is conflicted. He lives Let us not let Easter week 2005 be- ive action known as part of the auto- with another woman. He has fathered come the week America let a helpless, nomic nervous system. two children with this other woman.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5467 This is a conflict of interest between Mr. BLUNT. Mr. Speaker, I thank the broader legislation that the gen- what is in his personal best interest the chairman for yielding me this tleman from Florida (Mr. WELDON) and and his wife and children’s best inter- time. others, Democrats and Republicans, in- ests and those of Terri’s. I also want to thank the Speaker for troduced last week. We have heard much about Terri’s the difficult decision to call the Mem- Mr. Speaker, I urge that this legisla- condition tonight, but what we have bers back, though the difficult decision tion pass, that we get this done as not heard, though, is much evidence of maybe was made less difficult by the quickly as possible. her current condition, evidence such as circumstances. The hard work of the Mr. FRANK of Massachusetts. Mr. tests and MRIs and brain scans and gentleman from Wisconsin (Mr. SEN- Speaker, I reserve the balance of my swallowing tests that we could objec- SENBRENNER) over the last few days; of time. tively evaluate her condition through the gentleman from Texas (Mr. Mr. SENSENBRENNER. Mr. Speak- these tests. Her husband has categori- DELAY), majority leader; the work of er, I yield 2 minutes to the gentleman cally prevented this from happening the gentleman from Maryland (Mr. from Colorado (Mr. BEAUPREZ). throughout the last 7 years. I do not HOYER), who may not be on the same Mr. BEAUPREZ. Mr. Speaker, I believe the issue of Terri’s husband’s side as I am when we take the vote to- thank the gentleman for yielding me conflict of interest and its impact on night, but who has certainly worked this time. her condition have been given a proper hard to see what we could do to make I thank the Speaker, as has already review. I have heard her brother tell us this work in the best possible way for been acknowledged. It is his leadership this evening about the lack of care the Members, who were called back. that has brought this issue to the floor that has been insisted upon by her hus- Terri Schiavo is in a terrible situa- tonight, and again I commend him for band throughout the last 7 years, sim- tion tonight. She has been in a terrible that leadership. ple tests, trips outside into the sun- situation for a long time, a situation Mr. Speaker, there has been much shine. none of us would want to be in, a situa- said tonight, much eloquence on both I support this bill that would allow a tion we would not want our loved ones sides, about this issue. I fear some- review of Terri’s case, including the in, a situation we would not have to de- times that in our effort to try to come role of her husband’s decision and his cide about, but when this happens we to some sort of conclusion that we ac- conflicts of interest. do have to decide. And there is clearly tually overthink an issue once in a while. We think just enough to get in Mr. FRANK of Massachusetts. Mr. a conflict between members of Terri’s the way of our common sense. I hope Speaker, I yield 3 minutes to the gen- family about what she would want to happen. that is not the case here tonight. tleman from Connecticut (Mr. SHAYS). Someone observed earlier that when I believe fairly deeply that life does Mr. SHAYS. Mr. Speaker, my heart one is her age they probably have not have a purpose. I lost my father 6 goes out to Terri Schiavo, her parents, written that down yet, and of course months and 6 days ago tonight. And in and family, and, yes, even to her hus- that is right. When one is my age they his very final days, he too needed to be band. My heart goes out to everyone probably should have written that fed by a tube. He needed help with his who may have found themselves in a down, and sometime in the next few basic bodily functions, could not get similar situation in the past or might days I am going to check to see what I out of his bed, could not take care of find themselves in a similar situation wrote 10 years ago and if I still agree himself. But in the 56 years of life I in the future. with what I wrote 10 years ago, as I have been granted, Mr. Speaker, I I wanted to stay back in Connecticut suspect many of us will. But she had shared the most intimate, the most and avoid having to cast a vote because not written it down. profound moment I ever had with my I do not want to play God, and either Some people seem to think she would father about 36 hours before he passed way I vote I feel I am. We all know this feel much differently about this than away, after he could no longer speak, is a time for real thoughtfulness and others. And what this legislation would after he could no longer feed himself or wisdom and inspiration, and I believe do is let a judge come in and look at all care for himself in almost any manner that is what we are all trying to do. On the facts one more time and determine at all. He communicated with his eyes, both sides of the aisle we ask ‘‘Let the if what is happening should continue to and he communicated with a hand on words of my mouth and the meditation happen. my forehead in the most profound way of my heart be acceptable in thy sight, I know others have said there is no imaginable. I would have regretted O Lord, my Strength and my Re- real difference in just giving someone deeply had I been denied that moment, deemer.’’ food and water and putting someone on and I am absolutely convinced, Mr. Sanctity of life, sanctity of marriage, incredible life support systems. I see a Speaker, that my father would have re- sanctity of an individual to decide for difference. I think most Americans see gretted having been denied that mo- themselves what should happen to a difference. We will see if a judge sees ment as well. their own life, I find myself wondering a difference, if in fact we are able to Outside this Chamber there is a stat- why is there so much focus on this life give a judge that opportunity. ue of Thomas Jefferson. Thomas Jeffer- when we ignore the countless lives We are not deciding tonight anything son was the one, of course, who told us throughout the world who die minute that a family should be deciding. We about those inalienable rights, those by minute, hour by hour, day by day are asking a judge to come in and de- rights that cannot be taken away from from hunger and disease that this Con- cide what a family among themselves us by anyone, those rights that come gress could address and this Congress could not decide. I have heard other from our Creator. Those rights, of could prevent? Why only Terri when people here talk about family members course, include life, liberty, and the there are others like her in our coun- getting together and making this pursuit of happiness. try? tough decision. But nobody has talked I think if we are going to make mis- The only way this bill has any legit- about family members getting together takes, and God knows certainly that imacy is if it applies to all cases, not and fighting over that decision and we make mistakes, we are human, but just Terri’s, and that is what concerns what they would want to happen if that if we are going to make mistakes let us me. How deep is this Congress going to fight happened in their family. err on the side of life, not denying life reach? How deep is this Congress going The vote tonight will be a bipartisan but granting life and giving every op- to reach into the personal lives of each vote. This is not about Democrats or portunity to that. and every one of us? Republicans. I hope this is not about Mr. FRANK of Massachusetts. Mr. Mr. SENSENBRENNER. Mr. Speak- politics. I hope this is about Terri Speaker, I yield 51⁄2 minutes to the gen- er, I yield 3 minutes to the gentleman Schiavo. This bill also has a study that tleman from Michigan (Mr. CONYERS), from Missouri (Mr. BLUNT), the distin- would require us to look at other cir- ranking member of the Committee on guished whip. cumstances and see if we should have the Judiciary.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5468 CONGRESSIONAL RECORD—HOUSE March 20, 2005 Mr. CONYERS. Mr. Speaker, I thank feared they would treat corporate points. They have talked about States’ the gentleman from Massachusetts for wrongdoers too harshly. Today, we are rights, they have talked about prece- his leadership tonight. sending a case from State courts to the dent, they have discussed separation of Mr. Speaker, if we pass this bill, we Federal courts, even though it is al- powers, and they discussed the impor- will be intruding in the most sensitive ready the most extensively litigated tance of the legislative process. All of possible family decision at the most right-to-die case in the history of the those are important and legitimate ill-opportune time. It will be hard to United States. points, and they merit discussion. envision a case or circumstance that There is only one principle at stake But while we discuss them, a life is in Congress will not be willing to involve here: manipulating the court system to the balance, and that is really the only itself from now on if this precedent is achieve predetermined, substantive immediate and compelling issue before approved this evening. By passing leg- outcomes. By passing this bill, it us tonight. islation which takes sides in an ongo- should be obvious to many that we are What do we know about that life and ing legal dispute, we will be casting no longer a Nation of laws, but have about the conditions of that life? We aside the principle of the separation of been reduced to a Nation of men. By know that the family disagrees about powers. We will be abandoning our role passing this law, we will be telling our the condition, about the fate, and as a serious legislative branch, and we friends abroad that even though we ex- about the appropriate course of action will be taking on the role, as we have pect them to live by the rule of law, where Terri Schiavo is concerned. We done during this debate, of judge, of Congress can ignore it when it does not know that she is not on artificial life doctor, of priest, of parent, or spouse. suit our needs. By passing this law, we support, only receiving hydration and By passing legislation which wrests diminish our Nation as a democracy nutrition. We know that there is split jurisdiction away from a State judge and ourselves as legislators. medical testimony about her condition and sends it to a single preselected Do not let this bill pass. and her quality of life. We know that Federal court, we will forego any pre- Mr. SENSENBRENNER. Mr. Speak- there are issues of conflict of interest tense of federalism. The concept of a er, I yield myself 1 minute to correct and motivation about those making Jeffersonian democracy as envisioned the record. the final decision. And we know that if by the Founders and the States as There have been statements made on we do not act, Terri Schiavo will die. ‘‘laboratories of democracy,’’ as articu- the actions of then-Governor George W. Great questions often are raised by lated by Justice Brandeis, will lie in Bush of Texas. I would like to correct individual cases, inconvenient cases, tatters. the record on this. cases that break precedent, cases that By passing this legislation in a com- In 1997, then-Governor Bush vetoed confront us when we prefer not to be plete absence of hearings, committee an advanced directives bill precisely confronted. markups, no amendments, in complete because it would have given specific Mr. Speaker, life and individual violation of what we once called ‘‘reg- legal sanction to such involuntary de- rights trump all else. Where there is ular order,’’ we will send a signal that nial of lifesaving treatment. An effort doubt, we should err, if err we do, on the usual rules of conduct and proce- in the Texas legislature to amend the the side of protecting the rights of any dure no longer apply when they are in- bill to require treatment pending individual, especially when it is the convenient to the majority party. transfer to a health care provider will- right to life. We should make sure that My friends on the other side of the ing to provide the lifesaving treatment Terri Schiavo has her day in Federal aisle will declare that this legislation had been defeated. court. It is the right thing to do, it is is about principle and morals and val- With no legal protections at all under the decent thing to do, it is the only ues. But if this legislation was only Texas law, and ongoing programs in thing to do. about principle, why would the major- Texas hospitals denying treatment Mr. FRANK of Massachusetts. Mr. ity party be distributing talking points with no opportunity to even seek Speaker, I yield 1 minute to the gen- in the other body declaring that ‘‘this transfer, pro-life groups entered into tleman from Massachusetts (Mr. CAPU- is a great political issue’’ and that by negotiations with medical groups that ANO). passing this bill ‘‘the pro-life base will finally resulted in the bill that, one, Mr. CAPUANO. Mr. Speaker, you be excited’’? formalized more protections for in-hos- have heard all the legal arguments, all If the President of the United States pital review; two, gave patients 10 days the moral arguments. We see these really cared about the issue of the re- of treatment while seeking transfer; things differently, and I understand moval of feeding tubes, then why did he and, three, authorized court pro- that. I am here to speak for myself. sign a bill as Governor in Texas that ceedings to extend the 10 days for rea- I have a living will that I wrote years allows hospitals to save money by re- sonable additional periods of time to ago, and I will check it myself as many moving feeding tubes over a family’s accomplish transfer. That is what the Americans will. The bottom line is, I objection? Governor signed. do not want you interfering with my Mr. Speaker, I yield 2 minutes to the wife and me. Leave us alone. Let us b 2330 gentleman from Oklahoma (Mr. COLE). make our own decisions. It is not up to If we really cared about saving lives, Mr. COLE of Oklahoma. Mr. Speaker, you. That has always been the way it why would the Congress sit idly by when I came here tonight, I had no in- has been in this country, and that is while more than 40 million Americans tention to speak on this issue for, the way it should be. have no health insurance, or while the frankly, the most personal of reasons: For 6 years I have been hearing how President tries to cut billions of dollars a year ago my brother and I were in- the nuclear family is all we care about. from Medicaid, a virtual lifeline for volved in making precisely this same Now we do not. Stay out of my family. health care for millions of our citizens? kind of decision where my mother was If you can do it here, you can do it to When all is said and done, this bill is concerned. We were fortunate. We had me. You can do it to every one of my about taking sides in a legal dispute, been empowered by her to make that constituents. which we should not be doing. Last decision, we were in agreement on the Leave us alone. Let my nuclear fam- year, the majority passed two bills decision, and the medical professionals ily make my decisions and my wife’s stripping the Federal courts of their and her minister agreed with us about decisions without your input. power to review cases involving the De- that decision. So we got to make that Mr. SENSENBRENNER. Mr. Speak- fense of Marriage Act and the Pledge of decision in the privacy and with the er, I yield 2 minutes to the gentleman Allegiance because they feared they dignity that one would want for every from Tennessee (Mr. WAMP). would read the Constitution too broad- family in that situation. Mr. WAMP. Mr. Speaker, I thank the ly. Last month, the majority passed a As I listen to the debate tonight, I chairman for yielding me time. class action bill that took jurisdiction think the opponents of this measure Mr. Speaker, I come to the floor to away from State courts because they have made many good and interesting just speak about the issue of being here

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5469 in the first place. When I was home for Florida shall have jurisdiction to hear, Mr. SCOTT of Virginia. Mr. Speaker, a couple of days, several friends asked determine and render judgment on a a lot has been said about the details of questions about this case. My mother suit or claim by or on behalf of Mrs. this case. I just want to say a word even called to inquire. Schiavo for the alleged violation of any about the process, because we should Like the gentlewoman from Colo- of her rights under the Constitution or honor and respect the rule of law, and rado, I am just an earnest layman, not Federal laws.’’ laws should be applied equally to all. a lawyer or a physician, even though I That court has already addressed This is a special bill, special treat- have been very impressed from both that issue, it did so just a few days ago, ment to just one case. This bill does sides with the input from the distin- and here is what it decided: ‘‘The court not grant a Federal right of review to guished lawyers and physicians that finds there is not a substantial likeli- cases like this. This bill applies just to are in these Chambers, and I think we hood the petitioners will prevail on this one case. their Federal constitutional claim.’’ should come often now as technology b 2345 develops exponentially and just ask That is the same court to whom you questions of ourselves about medical are sending this case. And the Supreme The majority in Congress apparently ethics and where we really are. Court of our country denied review. has already decided the proper outcome I reject the notion that this is about So essentially what you are doing of the case, a decision different from politics. I do know something about now for one case is changing the Fed- the next of kin and State court judges politics, and I would say this is not eral rules, for one case, and saying who have heard evidence from both good politics for either side. This is there shall be a de novo hearing, dis- sides. about life and death. regarding everything that has hap- Present law has a process to ascer- I do believe that this is somewhat pened through the State courts and tain whether or not a patient is in a about ideology, though. The gentleman Federal courts until now. In a word, persistent vegetative state, and it from Massachusetts said so, and I be- what you are doing is allowing the rule should not matter what politicians lieve there is a culture of life that of law of this country to be twisted in think. There is a process. But this case many conservatives are willing to the winds. It is a mistake. will be given special treatment because stand for. Mr. SENSENBRENNER. Mr. Speak- Members of Congress have made a dif- I frankly think that many liberals er, I yield 2 minutes to the gentleman ferent diagnosis. Present law also for a long time used every tool at their from North Carolina (Mr. MCHENRY). places the decisions in the hands of the Mr. MCHENRY. Mr. Speaker, tonight disposal to push their perspective, and next of kin, the husband. But Congress we are taking on one of the great I am glad conservatives are finally fig- apparently does not agree with the moral issues of our day, our basic sanc- uring out that that needs to be done next of kin; and this bill, therefore, tity of life, our right to life; and what from time to time. I think this is a gives special legal standing to other you hear tonight is a lot of emotion. relatives. thoughtful process; I think it is a nec- We have all had experiences with sit- essary process. I think the Federal rep- This is not the only recent example uations similar to this, or we know of special treatment. A few years ago, resentatives, when we face these issues, those that have dealt with these tough a child custody case in the Washington, should not hide or shirk the responsi- issues. We know family members that D.C. area was decided by special legis- bility. We should come here. have dealt with these tough issues of lative language in a transportation ap- Now, I am concerned about the sepa- end-of-life decisions. And tonight we as propriations bill. The Committee on ration of powers and the tenth amend- a body are wrestling with this issue. Education and the Workforce consid- ment, and I have a record for a decade Just like America is, we are wrestling ering a case on appeal between the De- of standing on almost a libertarian with this great issue. platform on some of these issues. But I But I submit to you, tonight, we are partment of Labor and a bank retro- do not think we are going too far here. not talking simply about Terri actively changed the law to fix the re- This is a review. It is simply a review. Schiavo. We are not talking simply sult on behalf of the bank. The House It is a reasonable step. about Terri Schiavo’s family. We are passed legislation to fix a result in fire- To the gentleman from Massachu- talking about a greater issue: How arms liability legislation so that the setts, you have a living will. To the shall we be judged as a civil society? National Rifle Association got to try whole country, if you do not want your And I submit to you that we will be the issue in the legislative branch after family in this dilemma, and you should judged by how we treat the least they had made contributions to legisla- not, get a living will, so that it is clear, among us, those that may not defend tors who will decide the result, rather so it is not questioned, so that you will themselves, the young, the mentally than being relegated to the impartial not have a case come to the floor of the disabled, the physically disabled. judge and jury where ordinary citizens House with you. The lesson here is ev- How shall we be judged as a civil so- have to try their cases. eryone in this country should have a ciety? What kind of government shall Mr. Speaker, we should honor the living will, so it is cut and dried, so we we have? As a Federal Government, I rule of law and apply that law in all know, and the legislative bodies in believe we have an obligation to step cases. There are cases like this all over Florida or Montana or Washington, forward and say that we shall protect the country, but this bill applies only D.C. will not have to be involved. life. Even when it is tough, we shall to this case because the relatives were Mr. FRANK of Massachusetts. Mr. protect life, and a woman’s right to able to get the attention of the United Speaker, I yield 2 minutes to the gen- live. And tonight, Mr. Speaker, there is States Congress. tleman from Michigan (Mr. LEVIN). a woman in Florida that is being If Congress wants to establish a Fed- Mr. LEVIN. Mr. Speaker, 15 years starved, and we are acting tonight to eral right of review in cases like this, a ago or so I worked with colleagues in preserve her right to live and give her new rule of law, so be it; but that law the Senate on the difficult issues relat- the opportunity of a tomorrow. should apply to all whether or not they ing to the wishes of people who were I say to you, tonight, Mr. Speaker, have a Member of Congress to intro- going to receive medical care if they this is not about Terri Schiavo; it is duce a special bill. Let us honor and re- were incapacitated. We required that about every one of us in this room. It spect the rule of law to be applied State laws be told to patients about is about millions of Americans across equally to all and reject this legisla- living wills and advance directives. this Nation. We are all potentially tion. The Florida judicial system has Terri Schiavos. Mr. SENSENBRENNER. Mr. Speak- worked hard to follow its laws and to Mr. Speaker, I urge support for this er, I yield 2 minutes to the gentleman try to discern what was or would have bill. from Minnesota (Mr. KENNEDY). been the wishes of Mrs. Schiavo. Sec- Mr. FRANK of Massachusetts. Mr. Mr. KENNEDY of Minnesota. Mr. tion 1 of the bill says: ‘‘The U.S. Dis- Speaker, I yield 21⁄2 minutes to the gen- Speaker, since I was a child and to this trict Court for the Middle District of tleman from Virginia (Mr. SCOTT). very day on the floor of the House I

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5470 CONGRESSIONAL RECORD—HOUSE March 20, 2005 have been guided by a fundamental day that people are starving and dying In any case, even if she is granted a principle that we as men and women, and seeking justice and you will not habeas review of her case, she faces a indeed, we as a society will be judged hear it? major obstacle in that the Federal ha- according to how we treat the most How do we define compassion here? beas corpus statute essentially requires vulnerable amongst us. That is the We have got to look at a bigger global the Federal court to defer to the State issue we face today. I believe Terri picture, I think. You cannot just react court’s determination regarding the Schiavo’s case must be judged in that to one person’s situation. Where is facts of this case. So even if the habeas context. your compassion when we need you? petition is granted, the deck is stacked For me the following points are the Mr. SENSENBRENNER. Mr. Speak- against her. most important: Terri left no living er, I yield myself 5 minutes. Second, Terri Schiavo’s lawyers can will or written instructions; Terri’s Mr. Speaker, I have listened to this try to obtain relief in the Supreme mom and dad, the people that have debate intently; and the complaints Court. So far her lawyers have peti- loved her the longest and have fought that I have heard from people who are tioned for and been denied an emer- so valiantly for her, want responsi- opposed to this bill, feelings that are gency hearing. Her lawyers are cur- bility for their daughter. I spoke with sincerely held and emotions that are rently pursuing an ordinary appeal di- her brother who wants his parents to sincerely held is why are we picking on rectly to the Supreme Court, but that be able to protect his sister. this one case, the case of Terri appeal process will extend for weeks at Terri’s life has value and worth, and Schiavo? least; and in any case, her appeal will we must do everything we can to pro- That was not my desire in the begin- likely be denied because the Supreme tect her rights and those of other dis- ning, and it was not the desire of the Court will generally not take a case entire House of Representatives either. abled people here in America. The law without a lower Federal court’s first Wednesday night the House passed ought not to provide, should not pro- establishing a record. H.R. 1332, which was a bill which I in- The bottom line is that first, the 11th vide, more protection for murderers troduced that applied to everybody guilty of terrible crimes than for an in- circuit may yet deny Terri Schiavo her who is in an incapacitated state, a habeas petition. Second, even if they nocent woman lying in a Florida hos- major protection for people who are pital bed. So today we must act on be- granted it, she would likely lose her disabled. Everybody who is disabled case under the very difficult procedural half of Terri Schiavo. Congress must could get a Federal review of their Fed- act on behalf of all of those who cannot hurdles any habeas petitioner faces. eral constitutional and legal rights, in- Third, she has already been denied an speak for themselves and defend them- cluding that under the Americans With selves. emergency review by the Supreme Disability Act. Court. And, fourth, the ordinary review Americans believe in a culture of life, We had a debate on the floor, and it not a culture that tells the weak and process in the Supreme Court will take passed unanimously. And there was a far too long. She will probably die in vulnerable there is no place for them at move in the other body to bring it up, the table. There must be a place for the interim. and it was objected to; and that is why Consequently, Terri Schiavo’s only them at our table. We make progress this issue was not resolved with a gen- hope is the current bill which will towards that culture of life, one life at eral law of general application. I hope guarantee a fresh review of her case in a time, one heart at a time. Today let we revisit that issue some time in the the lower Federal court immediately, us start by helping Terri Schiavo live. future so that we do not have to deal without any deference to State court Mr. FRANK of Massachusetts. Mr. with a specific case again. But we are determination and with the lower Fed- Speaker, I yield 21⁄2 minutes to the gen- here because we could not get H.R. 1332 eral court issuing a stay of the State tleman from North Carolina (Mr. passed in the other body. court order until it can determine the WATT). I also think this is an issue of prior- Federal claims the court is required to Mr. WATT. Mr. Speaker, I just came ities, priorities of what we put a higher hear under this bill on its merits. in on the plane from North Carolina, priority on in terms of how we provide That is what Terri Schiavo needs, and I found myself thinking a lot about food and nourishment to living human and that is what this bill will get her, what we are doing here this evening. beings. In Florida they have a statute and that is why it should pass. Wondering, first of all, what this vote number 828.12 that says if you do not Mr. FRANK of Massachusetts. Mr. is going to cost the American people, feed an animal you can go to jail for a Speaker, I yield myself 20 seconds. making a mental calculation that year and be fined $5,000. So in Florida The gentleman from Wisconsin (Mr. probably 4, $5 million we are spending an animal has a higher right than this SENSENBRENNER) earlier implied that I on this one vote this evening, and won- woman, and that is a wrong priority, was being inconsistent because I said I dering how many children are going to and this bill attempts to correct it. was for habeas corpus. He quoted some- go to bed hungry tonight and how No Federal court has agreed to hear thing. He has just cited the inadequacy many we could feed with that amount Terri Schiavo’s Federal claims while of habeas corpus in this case. Yes, I am of money; how many feeding tubes we her State court remedies were not yet for habeas corpus. This goes, as he just have withdrawn by our own indiffer- exhausted. Now that her State courts acknowledged, far beyond it. ence in this body, by the decisions that remedies are exhausted, she has only Secondly, he acknowledged our ob- we have made in this body that pit one two means of obtaining Federal court jections to this individual private bill group against another. review under current law. on one case by blaming the Senate. In I found myself wondering where the The first means is in the lower Fed- other words, he has acknowledged that compassion was last week when we eral court through the habeas corpus this is an inappropriate bill and that is tried to rally the Members of this body statute, and the second is by peti- all we have said. behind the Congressional Black Cau- tioning the Supreme Court directly. Mr. Speaker, I yield 1 minute to the cus’ agenda and budget and pointed out First she can try to obtain habeas re- gentleman from Missouri (Mr. to them that 886,000 more people died lief under the current Federal law. On CLEAVER). over the last 10 years, African Ameri- Friday she was denied that relief by Mr. CLEAVER. Mr. Speaker, I have cans, because they did not get the same the Florida Federal District Court. served as the senior pastor of St. kind of quality of medical care that That denial has been appealed to the James United Methodist Church for 30 white Americans got, just the dif- 11th Circuit Court of Appeals which re- years, for 30 years. And over those 30 ference in the qualities. quested the briefs of her husband’s law- years, I have had countless men and Where was your compassion when we yers by seven o’clock tonight. No one women who have come to me in situa- tried to get you to address that issue? knows when the 11th circuit will make tions of decisions that had to be made The compassion comes out in this a final decision, and they may yet deny regarding family members; and in the one case, but where is the compassion her habeas relief. So time is of the es- privacy of a home or in a waiting room, when we point out to you every single sence. we have dealt with those decisions.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5471 Tonight, I want to talk about the Act as part of OBRA ’90, which requires all ing it a wedge between Democrats and shame of this debate. The shame of this hospitals, long term care facilities, home Republicans, I am calling it what is debate is that in spite of the fact that health agencies, hospice programs and HMOs right and what is wrong. we are a great legislative body, we are that receive Medicare and Medicaid dollars to We have no business being here. a body that determines peace and war, recognize a patient’s living will and power of There are families across this country but we are not a hallowed body. And attorney for health care as advance directives. who are losing their Medicare right the fact that we are engaged in this de- Health care organizations must provide pa- now because of the policy we set, and bate is proof positive of the fact that tients with written information about estab- they cannot get any more. The doctors we are a fractured body. And what we lishing an advance directive and document if are screaming. I am sure a lot of people need to also understand is that we live the patient has an advance directive that is have heard them. They are screaming in a world of echoes, a world of echoes. placed in the patient’s medical record. Patients to their Congress people saying give And a thoughtless word falling from are then able to decide in advance what med- our Medicare and our Medicaid back or the lips of Members here can travel ical treatment they want to receive if they be- else we cannot treat these patients. around this country and do even more come physically or mentally unable to commu- Yet we are going to make one single damage to the divisions that we have nicate their wishes. case in Florida get all the Medicare in this Nation. This piece of legislation gives patients the they want. We are doing that. We have even used right to make choices and decisions about the My heart goes out to this family. I the inflammatory word ‘‘kill.’’ We were types and extent of medical care they wish for know this is a very dark season for doing damage to this country, and it is themselves. With this act, patients can specify them. I know justice will prevail and shameful that we would do this. if they want to accept or refuse specific med- God will have the last answer. But Con- gress should not have the last answer b 0000 ical care. They can also identify a legal rep- resentative for urgent health care decision pur- because it is none of our business. This Mr. SENSENBRENNER. Mr. Speak- poses. Then if they become unable to make is called meddling. er, I reserve the balance of my time. decisions due to illness, the patients’ wishes Mr. FRANK of Massachusetts. Mr. Mr. FRANK of Massachusetts. Mr. have been clearly documented at an earlier Speaker, I yield 1 minute to the gentle- Speaker, I yield for purposes of a unan- point of time. woman from Ohio (Ms. KAPTUR). imous-consent request to the gen- Unfortunately, Ms. Schiavo did not execute Ms. KAPTUR. Mr. Speaker, I thank tleman from Maryland (Mr. CARDIN). an advance directive. There is conflicting infor- the gentleman for yielding me this Mr. CARDIN. Mr. Speaker, I rise in mation as to her wishes as expressed by her time. I want to speak from love and opposition to the legislation. husband and parents. That conflict was re- compassion, not just the law, and em- Mr. Speaker, I rise first to extend my solved by the appropriate Florida court. It is brace the strongest pro-family position thoughts and prayers to the loved ones of Te- not appropriate for Congress to pass special as we move in this debate. resa Marie Schiavo at this extraordinarily dif- legislation for this one case. The Schiavo and Schindler families ficult time. Fifteen years after the passage of the Pa- need our prayers to do for Terry what America has seen the anguish in the faces tient Self-Determination Act, the vast majority not a single one of us wishes to imag- of Ms. Schiavo’s family members. The legisla- of Americans have not completed an advance ine, to make a decision on the life of a tion we are considering will determine whether directive. My colleague in the Senate, Bill Nel- beloved as they traverse the jagged we will send to federal court one case that has son, has introduced legislation that would im- edge of being. been adjudicated in Florida’s state courts for prove compliance with the 1990 legislation Terri’s family, all of them, love her. nearly a decade. and provide a benefit under Medicare for end- She is not alone. But her being belongs For the past seven years, this particular of-life consultation. That is the bill Congress not to us but to God and to them. All case has traveled through Florida’s state court should move as we debate this complex issue, of us are mere bystanders, the Speaker, system. The Florida courts determined through not the bill that’s currently before us. ABC News, Jeb Bush, and every single a review of testimony that, as her husband If we enact this bill, it could very well result one of us. Only Terri’s family has has testified, Terri Schiavo would not have in an avalanche of cases in federal court. Ac- walked the profound journey of accom- wanted her life continued by artificial means. cording to medical experts, as many as paniment with her for the last 15 years, This Congress has chosen to disregard the 35,000 Americans—nearly one-third of them and it has been a long suffering one. ruling of the state court, the appeals court and children—are in a condition similar to that of Of one thing I am certain. This deci- Florida’s Supreme Court. This bill stands in Terri Schiavo. Their families face the same dif- sion on Terri does not belong in this stark contrast to the principles of federalism, ficult decision-making process that Ms. Congress. In fact, it does not even be- and it is the wrong direction for this Congress Schiavo’s parents and husband are con- long in the courts. It lies with the fam- to take. tending with. I believe most Americans would ily, those closest to her, even when But as this debate is carried out before the agree that the last thing we want to do is en- that family is divided, bitter, ex- entire world, it is clear that the issue is far courage more divisive court cases and bills of hausted, and unable to reconcile. more fundamental than state versus federal ju- this nature. Mr. FRANK of Massachusetts. Mr. risdiction. The issue before us involves one of Regardless of the outcome of this vote, Speaker, I yield 21⁄4 minutes to the gen- the most personal and controversial matters there will be no clear winners at the conclu- tlewoman from Florida (Ms. we face as humans: how do we deal with end- sion of this debate. Our judicial system and WASSERMAN SCHULTZ). of-life care decisions for patients who cannot the rights of patients and their next-of-kin to Ms. WASSERMAN SCHULTZ. Mr. speak for themselves? Certainly not through make end-of-life decisions with their providers Speaker, our colleagues have spent this this unprecedented act of intrusion into a per- will be clear losers. Congress should never evening reiterating factually inac- sonal family matter. have considered this legislation. curate information, and I want to I believe the authors of this bill know that Mr. FRANK of Massachusetts. Mr. make sure we clear it up. this is not the correct approach. Section 9 of Speaker, I yield 1 minute to the gentle- The independent guardian ad litem this bill includes a ‘‘Sense of Congress that woman from Indiana (Ms. CARSON). appointed to represent Terri Schiavo the 109th Congress should consider policies Ms. CARSON. Mr. Speaker, I thank has said in his report that, despite the regarding the status and legal rights of inca- the gentleman for yielding me this facts cited by my colleagues on the pacitated individuals who are incapable of time, a girl from Indianapolis, Indiana. other side of the aisle who have said making decisions concerning the provision, For the life of me, I cannot understand that Terri felt pain and laughs and withholding or withdrawal of foods, fluids, or why we are here. We were all snatched cries, that that is factually inaccurate; medical care.’’ out of our houses of worship to run to that her cerebral cortex has been lique- When to stop life support when a person Washington to violate the trial of the fied, and that is the area of the brain has no chance of recovery is an arduous deci- judicial, the legislative, and the admin- that responds to emotion and reason. sion. It is for that reason that Congress istrative. But I guess the leadership So that is impossible what they have passed in 1990 the Patient Self-Determination understands what it is. They are call- detailed here tonight.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5472 CONGRESSIONAL RECORD—HOUSE March 20, 2005 Additionally, they talk about six One of the striking facts of American but by the State to try to determine as neurologists and eight physicians that life and American culture is the great best he could what the medical evi- have said that she is not in a persistent importance that America puts on the dence led him to conclude. He was not vegetative state. Also factually inac- individual: One life, one swallow that an advocate of the parents or of the curate. Those physicians to which they God cares for and plans for. We are husband. He perceived himself cor- refer have only viewed Terri via video- here as colleagues who have almost to rectly as the advocate of Terri Schiavo. tape. The five court-appointed physi- a person experienced the same kind of His report is a compelling one. cians that have examined Terri, two pain and trauma that the Schiavo fam- The gentlewoman from Florida (Ms. appointed on Michael Schiavo’s side, ily now faces. GINNY BROWN-WAITE) said that she two on the Schindlers’ side, and one The gentlewoman from Ohio cor- knows Mr. Wolfson, and knows him to court-appointed physician, who have rectly stated that Terri is loved by her be a man of wisdom and deep compas- all examined her, the board certified husband, by her parents, by her broth- sion and with a sense of responsibility. neurologists who had scientifically- er, by others in her family. Those of us Then she spoke of her own daughter based academically-researched testi- who have been in that place know how and such a condition, and the discus- mony, their testimony was deemed to difficult it is. sion she had with her daughter, and I be clear and convincing by the court I had not expected, as my colleagues hope many of you heard her say this, that she was and is in a persistent veg- had not expected, to be back in this that her daughter said to her that if etative state. The other physicians’ House to consider this legislation. she was in that state she would not testimony was discounted as anecdotal When we were called back by the want to be left in that state by her only. Speaker, and the leader and I discussed mother, and she said, ‘‘No, Mom, if you In addition to that, I want to just the circumstances under which the call really loved me, you would let me go to close with the commentary from the would come, trying to accommodate my rest and be with God.’’ guardian ad litem. He spent 20 of 30 Members as best as possible, I did what If I thought the Florida courts had days with her. He put his face up close I presumed many of you did. I referred dealt with this in a superficial and to hers and tried to make eye contact, to the facts that I could find. uncareful way, perhaps, perhaps I On the one hand, my reaction was pleading desperately, trying to will her would feel that we ought to interpose that I am concerned that we appear to into giving him any kind of sign. He our view. But no fair reading of the be a Congress that is flexible on the ju- said, I would beg her, please, Terri, court’s decision at the lower court, no risdiction of courts. When we agree help me. You want to believe there is fair reading of the disposition by the with the decisions that courts make, some connection. You hope she is going District Court of the United States, in we leave them jurisdiction. When we to sit up in bed and say, ‘‘Hey, I’m real- which they said in quoting Judge think they may make a decision that Altobrand of the Supreme Court of ly here, but don’t tell anybody.’’ Or, we want, we try to give them addi- Florida, ‘‘Not only has Mrs. Schiavo’s ‘‘I’m really here, tell everybody.’’ tional jurisdiction. But when we dis- But Schiavo never made eye contact. case been given due process, but few, if agree with the courts, we have had leg- When Wolfson visited her when her par- any similar cases, have ever been af- islation on this floor in recent months ents were there, she never made eye forded this heightened level of proc- to take from them jurisdiction. If we ess.’’ contact with them either, he said. And pursue that course as a country, I sug- This report is approximately 50 pages for all of Wolfson’s pleadings and gest to you that we will become a Na- long that was issued by Mr. Wolfson. I coaxings, he never got what he most tion of men and of politicians, not a urge my friend, the gentleman from wanted: A sign. He said, I felt like Nation of laws. Missouri (Mr. BLUNT) to read this. He there was something distinctive about The fact that we are a Nation of laws said he had not. All of us ought to read whoever Terri is, but I was not clear it has distinguished us very greatly from it. This case, tragically, is not alone in was there, inside the vessel. many other nations of the world, and the circumstances that have occurred. During those 30 days, Wolfson was we have held up that distinction as a The report says that the Schindler plagued by nightmares. He concluded critically important one. We now have family members stated that even if that the medical and legal evidence be- troops arrayed in Iraq to support that Theresa’s family had been told of her hind Schiavo’s diagnosis of being in a principle, of the individual, of freedom, intention, the family members, mom persistent vegetative state was cred- and of law. and dad, had been told of her intention ible, but he still felt that for all their So I believe tonight, Mr. Speaker, to have artificial nutrition withdrawn, expertise, those medical experts would that every Member will vote on behalf they would not do it. never truly know where Schiavo was. of Terri Schiavo tonight, but they will All of us can understand that, hope- He was dismayed to learn Friday see their responsibility in that act dif- fully. The wrenching decision that it that Barbara Weller, an attorney for ferently. I believe, Mr. Speaker, they would be for a parent to take an action the Schindlers, claimed Schiavo tried will see it honestly and sincerely, and which would inevitably lead to the loss to speak. He said, Terri does not speak. realizing the duty they have by lifting of life of their daughter. Throughout To claim otherwise reduces her to a fic- their hand and swearing an oath to our this painful and difficult trial, Mr. tion.’’ constitution and to our country. Wolfson went on, the family acknowl- Mr. FRANK of Massachusetts. Mr. So, Mr. Speaker, I did, as I said what edged that Teresa was in a diagnosed Speaker, I yield the balance of my time I suppose many have done, I went to persistent vegetative state. to the gentleman from Maryland (Mr. the proceedings that have occurred in HOYER), our whip, the ranking member the Terri Schiavo case, caused by the b 0015 on our side who is here tonight, to absence of a written directive. I have The report seems to indicate to me close on our side. The minority leader, three daughters, Mr. Speaker. They are that any fair reading of it would say who is traveling overseas, is unable, all adults. They do not live with me that very careful consideration had obviously, to be here. now, but I see them regularly and I been given. I know that there are some Mr. HOYER. Mr. Speaker, this has love them dearly. And since the loss of doctors among us who have looked at been an extraordinarily serious debate. their mother, we have become even reports and perhaps looked at tapes It has been in many ways a real debate, more close. And I heard the gentle- and concluded, contrary to the doctors with each Member rising and under- woman from Florida (Ms. GINNY who have examined her, that this was standing the seriousness of the issues BROWN-WAITE) speak, and as I heard not the case. which we consider. On the one hand, we her speak I felt a tear when she re- The court, however, in an evidentiary consider the life of one young woman, ferred to Mr. Wolfson, whom I do not hearing and after due consideration a young woman struck by tragedy, know, but whose report I have read. said clear and convincing evidence at shared by her family and by her friends Mr. Wolfson was asked not by the the time of trial supported a deter- and by her country. mother and father, not by the husband, mination that Mrs. Schiavo would have

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5473 chosen in February 2000 to withdraw Schiavo regarding this difficult end-of-life deci- ished right endowed to all persons: the right to the life-prolonging procedures, so that sion. life. We stand today not for political purposes, it has been concluded by all of the fact We are a nation of laws. That is what distin- but consistent with our constitutional duty to finders in the court systems of the guishes our country from so many others. In sustain that right for every citizen. United States, in the State of Florida, this case, the courts of the State of Florida Mr. THORNBERRY. Mr. Speaker, many under the statutes, as the chairman have thoroughly reviewed the facts of this families have had to make incredibly difficult has pointed out, established by the case and weighed the evidence about what decisions regarding medical support for their State of Florida to deal with this ex- Theresa Schiavo would want. They have con- loved ones. As technology continues to ad- traordinarily difficult human issue be- cluded that Theresa Schiavo, through her vance, there will be even more heart-wrench- cause, like birth, death will come to us words and deeds before her accident, would ing decisions ahead, and any of us could be all. not want to be kept artificially alive in a per- involved in one. To some of us it will come in a way sistent vegetative state. The proper role of the federal government in that will not raise such wrenching The Congress should not now substitute its such decisions is not self-evident to me. Cer- questions, but some few of us will indi- judgment for that of Theresa Schiavo and the tainly, we should not have Congress debate, vidually and with our families have to Florida courts. Who are we to impose our own case-by-case, what action is or is not appro- face this decision; and properly the sys- personal preferences in this case? We should priate for a particular patient. tem should be followed to protect us so not be playing doctor, judge, and jury. Government at some level may have a role that neither a husband nor a mother Mr. AKIN. Mr. Speaker, today Members of to ensure that the patient is not the victim of nor a father nor anybody else can make Congress have come from all over the Coun- a spouse or family members who find the pa- that decision in a manner that is not try, WTA to uphold the most essential right tient’s medical disability inconvenient. My view fair, that does not have due process and that any of us posses the right to life. is that when in doubt, society should err on does not protect us as individuals. As we stand here today, a woman is dying. the side of life. In reading the record, Mr. Speaker, I She dies not as the result of an underlying I am concerned that in this case most Mem- have concluded that the State of Flor- disease or illness, but because a judge has bers of Congress have not had the opportunity ida in its wisdom provided for that decided that her life is not one worth living. for careful study and consideration of the process and accomplished that end. Be- This despite evidence that she makes at- issues raised. It has come before us late, cause of that and because I care about tempts to respond to her parents, cries, fol- when time is short and the consequences of various steps are unclear. our Federal system and because I care lows movement with her eyes. With such evi- Here, I will vote for the bill before us. My about our Constitution and, yes, be- dence and her parents crying out in her de- cause I care not knowing her individ- understanding is that the measure is narrowly fense, how can we not intervene? drawn and will set no precedent. It essentially ually but because I care for her as a As we stand here in Washington, Terri is provides for another look at the unusual facts child of God, I believe that this legisla- being starved to death. We refer to the ‘‘re- of this case without dictating a result. tion should not pass. moval of feeding tubes,’’ but let’s talk about Mr. SENSENBRENNER. Mr. Speak- It is very distressing that anyone would look what is really happening. Not only has a tube er, I yield the balance of my time to at these matters from a political viewpoint. delivering food and water been removed, but the gentleman from Texas (Mr. Core beliefs about when life begins and ends her parents have been barred from even put- DELAY), the majority leader. are far too important for any such calculations. ting ice chips on her tongue. Yesterday, advo- Mr. DELAY. Mr. Speaker, I appre- In fact, I hope each citizen will spend time ciate the gentleman from Maryland’s cates were arrested for attempting to bring thinking about how our country can best deal words, but I look at it a little dif- water to Terri. To bar parents and relatives with such cases and praying that we get it ferently. After reading all the records from offering the most basic of comforts to a right. and everything, what I do know is that dying loved one is not only an egregious over- Mr. TOM DAVIS of Virginia. Mr. Speaker, I there is a mother, a father, a brother, reach of judicial powers it is cruel and morally rise this evening in support of S. 686. This and a sister that want Terri Schiavo to wrong. I ask, is this about removing a tube or legislation would allow either of Terri’s parents live, and they want to take care of her. about starving a disabled woman? to bring suit in federal court for the violation of I want to thank everybody that has Some will argue that this is about Terri’s any right under the constitution or laws of the worked on this bill, particularly those right to die. Yet, Terri has no living will, no Do United States relating to ‘‘the withholding or in the Senate, the Democrats in the Not Resuscitate order and her husband’s withdrawal of food, fluids, or medical treatment Senate, the Republicans in the Senate. claim that she would not want to be kept alive necessary to sustain Ms. Schiavo’s life. They passed this bill unanimously. I only surfaced years after she became dis- What we are doing is providing Terri want to thank the Democrats in this abled. Schiavo the same legal protections that we af- House that worked on this bill, the Re- Last week this body passed legislation that ford a convicted criminal who has been sen- publicans that worked on this bill. would protect all Americans in cases similar to tenced to death. A Florida judge has issued Some have tried to make it a partisan this one, but Senate democrats stood in the an order that will have the effect of ending Ms. issue. way of that valuable measure. Now for nearly Schiavo’s life, so the least we can do is allow Mr. Speaker, after 4 days of words, sixty hours, Terri has been denied sustenance a federal court to review the matter. If we en- the best of them uttered in prayer, now while Republican leadership in both Houses sure murderers and rapists the benefit of a comes the time for action. I say again, have negotiated the legislation before us federal review, we should do it for this help- the legal and political issues may be today. Though I regret that certain members of less woman. complicated, but the moral ones are this body and the Senate, stood in the way of This is a terribly difficult issue for all those not. A young woman in Florida is being passing the legislation. approved last week, I involved—not just Ms. Schiavo’s parents and dehydrated and starved to death. For am pleased that we now have an opportunity siblings, but also her husband. I realize he 58 long hours, her mouth has been to vote on this measure. would prefer Congress stay out of the matter parched and her hunger pangs have This bill does not ensure Terri’s survival, but entirely. However, the 14th Amendment states been throbbing. If we do not act, she it does give her and her parents an oppor- that ‘‘no state shall deprive any person of life will die of thirst. However helpless, Mr. tunity similar to that which we make available . . . without due process of law.’’ In this case Speaker, she is alive. She is still one of to murderers sentenced to death row. Under I believe it is entirely appropriate that we err us. And this cannot stand. this legislation Terri’s case will be reassessed on the side of caution—all we’re doing is Terri Schiavo has survived her Pas- in a federal court and we expect that she will seeking a federal review of what has hap- sion weekend, and she has not been for- be fed once again. It is my hope that the fed- pened in the state courts to ensure that all saken. No more words, Mr. Speaker. eral court will handle this case better than the constitutional rights, all of the basic protections She is waiting. The Members are here. egregious dereliction of judicial duty exhibited that we afford a criminal, have been afforded The hour has come. in the Florida Court. to Terri Schiavo as well. Mr. Speaker, call the vote. Mr. Speaker, regardless of the motives of As medical technology continues to im- Mr. VAN HOLLEN. Mr. Speaker, our goal those who would remove Terri’s link to life, prove, we are left with many difficult ques- must be to honor the wishes of Theresa their judgment would violate the most cher- tions—‘‘right to die issues,’’ therapeutic cloning

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5474 CONGRESSIONAL RECORD—HOUSE March 20, 2005 and stem cell research issues. These are Judge George Greer has declined a request Owen said. ‘‘Terri was certainly, I think, questions I sometimes doubt we as men and by the family to allow Terri to be fed and rehabilitatable in the early months and women are truly capable of answering. In given water orally. That is to say, Terri years of her travail. How far she can come Schiavo’s parents think she can be fed by back now is a question. But I think she these cases the only thing we can do is follow mouth and the judge in the case declines to should certainly be given a couple months the law, and the law provides for the oppor- find out if this is so. On Friday, Judge Greer trial before Michael’s allowed to kill her.’’ tunity for federal review in cases where a per- reinstated an earlier order and Schiavo’s After 15 years of despair, a few months of son will be put to death. Thus, I believe Terri feeding tube was removed. hope might tell us something about our- Schiavo too deserves this opportunity. One former caregiver, Heidi Law, has said selves. This entire case hinges on what Terri under oath that ‘‘on three or four occasions Mr. NEUGEBAUER. Mr. Speaker, I rise Schiavo herself would have wanted. I am I personally fed Terri small mouthfuls of today in strong support of S. 686. aware of the cases in Florida state courts and Jell-O, which she was able to swallow and en- As many before me and many still to come the findings they have reached, both in terms joyed immensely.’’ It is one thing to withdraw a feeding tube; have indicated, this is not an easy situation. If of what they believe Ms. Schiavo would have another entirely to withhold that day’s meal it were, we would not be here at this late hour, chosen and the likelihood that new treatments tray. on this day. What makes this situation difficult could improve her condition. But in this in- That is why debating Terri Schiavo as a is that there are so many unresolved ques- stance I believe we should be as thorough as right-to-die argument misses the point. tions. possible, which is why I support this legisla- ‘‘Would it seem inappropriate at some What are Terri’s wishes? Terri Schiavo tion. point to emphasize that people with disabil- never prepared a living will to express defini- Ms. HART. Mr. Speaker, I submit this article ities feel threatened by the idea that a tively what her wishes would be. So we are ‘flawed’ life can be judicially eliminated?’’ for the RECORD. This bill must be passed. This Owen asked. It only seems inappropriate be- left with conflicting accounts of what course of Congress is right to stand up for a woman cause the arguments being made about the action Terri would want her doctors to take. who is incapacitated to some extent yes, but ‘‘right’’ of the brain dead to die are being What has the family decided? Opponents of does not require extraordinary measures to framed around a woman whose brain death is this legislation say this should be a family live. We must allow a thorough review of her far from proven. issue. I agree. However, we have a family that case. The love of her family is so great we The facts are these: Terri Schiavo col- disagrees on the fate of Terri’s life. While her should honor it. lapsed in 1990. She has been in hospitals and husband wants to end her life, we have a set nursing homes since then. Videotapes depict [From the Pittsburg Post-Gazette, Mar. 20, of parents who are willing to do everything it a young woman who seems to respond to takes medically, emotionally, and financially to 2005] some voice stimuli, but does not commu- STARVING FOR THE TRUTH nicate. At least three affidavits are on file save the life of their child. (By Dennis Roddy) from former nursing home attendants who We have some doctors saying that Terri will When Mary Jane Owen thinks of Terri insist Terri showed some hope of making not recover. Yet we also have other neurolo- Schiavo, she remembers a day in 1986 and the progress, but that her husband insisted she gists saying that with the proper medical care, hospital in Washington. Pneumonia was fill- be given no rehabilitation. there is a chance that she could improve con- ing Owen’s lungs. Owen cannot walk and is One nurse, Carla Sauer Iyer, said Terri siderably. And let us be clear: Terri is not on half deaf. At the time she was also blind. The ‘‘spoke on a regular basis, saying such things life support she is not brain-dead, and no he- doctor leaned into her good ear and said, as ‘Mommy’ and ‘help me.’ ‘‘ Iyer said that roic measures are needed to keep her alive, ‘‘Don’t ask for antibiotics. Pneumonia is a when she put a washcloth in Terri’s hands to keep her fingers from curling together, ‘‘Mi- she simply needs the assistance of a feeding friend of the elderly. It’s a great way to die.’’ tube for food and water. Without enough breath to shriek, Owen, in chael saw it and made me take it out, saying her early 60s at the time, had to speak clear- that was therapy.’’ If we knew beyond a shadow of a doubt the ly enough to let this doctor know he was Michael Schiavo’s reticence could well answers to these questions, we would likely fired. have been an unwillingness to open himself not need to be here tonight. However, be- ‘‘Get out of my room,’’ she told him. ‘‘Get to the cruelties of false hope. Terri’s family cause these questions remain disputed, the out of my life.’’ Pneumonia might be a great is convinced he wants rid of her so he can responsible course of action is to err on the friend to those who want to die. Owen, who marry his live-in girlfriend and use up the side of life. took antibiotics, was later cured of her $50,000 or so that remains of a $1 million Some may ask why Congress is getting in- medical malpractice settlement. blindness and currently works as a disabled volved. The answer to that is simple. One of rights advocate in Washington, D.C., wasn’t The underlying argument for protecting in the mood to chumbuddy with death. Pos- Terri Schiavo is predicated on the idea that the primary duties of the Federal Government sibly, because she arrived in a wheelchair, life, at its core, is sacrosanct, something and Members of Congress is to uphold and doctors assumed she’d prefer to leave on a with which we interfere at peril to our own defend the Constitution and the individual gurney. places in the universal order. The problem rights it sets forth. So we are acting to allow That’s why she wonders about Terri with Terri’s most prominent defenders is that every possible legal process has been ex- Schiavo, whose husband wants her out of not that they seem to find it easiest to defend hausted to ensure that Terri’s federal rights only his life, but her own, too. Described al- someone who cannot interfere with the de- have been properly defended. ternately as in a ‘‘persistent vegetative bate by expressing her own views. One of those federal rights is the right to state’’ and ‘‘a locked-in’’ condition, Schiavo, Televangelist D. James Kennedy wants a law who has lived with brain damage since 1990, passed. Christian Defense Coalition head life. The Fourteenth Amendment establishes either does or does not understand what is Patrick Mahoney warns of a ‘‘rescue’’ at- that no ‘‘State shall deprive any person of life, going on around her. Her husband, Michael, tempt at the nursing home. Militia extrem- liberty, and property, without due process of says she is an empty vessel who would not ist Bo Gritz said he is going to Florida to law.’’ Everyday, in cases where the action of have wanted to remain present in body only. perform a citizens arrest of Michael Schiavo the state will result in the death of an indi- Her parents and some former caregivers say and Judge Greer. vidual, that individual is provided the oppor- she reacts to their voices, seems to recognize None of them has pledged money to a trust tunity to have their case heard in both the them. On Friday, a Senate committee, try- fund to care for Terri Schiavo and, more sa- state and federal court systems. That is all we ing to forestall the withdrawal of feeding, liently, the many more just like her. They subpoenaed her, though unsuccessfully. The are in this because of their politics, which are asking to be done today. action is not as silly as it sounds. At one appears to be indistinguishable from their My thoughts and prayers, as well of those of point, after she presumably became vegeta- theology, which appears to be self-pro- my constituents in 19th district of Texas, are tive, Terri Schiavo was taken to a shopping motional. with Terri and her family during these difficult mall. Owen worries that the sanctity of life issue times. When it comes to the disabled, or at least misses the point that Terri Schiavo is not Mr. BACA. Mr. Speaker, on this Sunday, I those too disabled to advocate for them- vegetative and not a fetus. She falls nowhere have looked into my heart and listened to my selves, deliberation about their fates resem- into the realm of what medical ethicist God in prayer, and spoken to my pastor and bles property law. Michael Schiavo, as James J. Hughes described as ‘‘socially Terri’s husband—who has started a new fam- dead.’’ other parishioners in church. My decision this ily with a fiancee—holds the powers of ‘‘Most of the people in the disability com- evening is an intensely personal one, in terms guardianship over his wife. He has persuaded munity certainly are not ‘pro-life’ in the of life. As a father, husband, grandfather, and a Florida judge to allow hospital workers to classical meaning of that, but we sure as hell son-in-law, I have searched my soul about withhold nourishment and allow Terri to die. are against killing people with disabilities,’’ what the family must be going through.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5475 As a Member of Congress, I know it is in Ms. JACKSON-LEE of Texas. Mr. Speaker, My colleague, the Chairman of the House our hands to offer what is the ultimate hope I rise in support of the U.S. Constitution, the Judiciary Committee, responded to my words for this young woman. We cannot guarantee principle of states’ rights, and democracy. This on the House Floor last Wednesday that ‘‘[i]f how the courts will rule, but we must offer all private relief measure, as I asserted last the Private Relief Bill were introduced or came avenues for review and hope. We would ask Wednesday, March 16, 2005, while is a flat re- over from the [other body], Terri Schiavo nothing less for any case involving the rights jection of a state’s right to adjudicate these would be dead before we could consider it.’’ of a person. We must be compassionate private matters, is a better vehicle than H.R. To the contrary, neither Ms. Schiavo is dead about life, the life of all individuals. 1332 to allow interested parties to have full nor is the ability of the House to consider the This is a tragic situation, but this young opportunity to address the dilemma that sur- private measure dead. The measure passed in woman is not on life support, she is not on a rounds the case of Ms. Schiavo while at the the other body, S. 653, a private bill, is more respirator, she is not terminally ill, and she has same time preserving the right of Congress to appropriate, and the bill that we now consider been deprived of the physical therapy that fully debate the very important issues that lie is nearly identical to it. The only difference be- might allow her to swallow and eat without a beneath the special facts of this case. tween the two bills is that the final House feeding tube. To look at her eyes is to see an Last Wednesday on the House Floor I ex- version contains a ‘‘sense of Congress’’ provi- individual who seems to be experiencing joy pressed my reservations about H.R. 1332, the sion as to the need to ‘‘consider policies re- and awareness of others. Protection of Incapacitated Persons Act of garding the status and legal rights of incapaci- As a parent, if she were my daughter, I 2005. I indicated that the scope of H.R. 1332 tated individuals who are incapable of making would want her to live, and give her a chance. requires, at the very least, hearings before the decisions concerning the provision, with- She has demonstrated the will and the spirit to committees of jurisdiction. This legislation was holding, or withdrawal of food, fluids, or med- live. It is right and just that we have a final set introduced a few hours prior to its passage— ical care.’’ The ‘‘sense of Congress’’ provision of eyes to review the case. The Constitution that is incomprehensible for a public measure. rather than an entire stand-alone bill, as sug- gives Congress the right to set the jurisdiction H.R. 1332 contains operative provisions that gested by the distinguished Chairman, is a of the courts. would amend the existing law of removal to more prudent way of stressing the need to Mr. BOUSTANY. Mr. Speaker, tonight Con- allow parties to remove to federal court cases consider these issues. gress is meeting in a special session to en- that involve the withdrawal of nutrition or hy- While I believe that the Private Bill is a bet- sure that the most valuable right the Constitu- dration from an incapacitated person where ter vehicle than the public bill in controversial tion grants us, the right to life, is not violated. the person did not leave a written advance di- matters, I believe that this bill threatens the Unfortunately, I am unable to appear in person rective as to treatment. That bill, as I sug- sanctity of democracy and the concept of the tonight because my flight was delayed by bad gested on the floor, is the wrong bill to fit the separation of powers. Eighteen state judges weather, but please be assured that I consider current situation because it does not sweep have already adjudicated this matter, so pas- the bill before the House, S. 686, to be of the widely as a public bill should. Rather, it cre- sage of this bill would amount to an appeal utmost importance. ates legal precedent while bringing relief to a granted by the legislative branch of govern- This debate is about life and the protection private matter. A recent report by the Con- ment—in clear contravention of the U.S. Con- of life that the Constitution grants each of us. gressional Research Service states that ‘‘[a] stitution. The will of 536 elected officials We are gathered, not as Republicans or question does arise, however, whether this bill should not affect the final disposition of a per- Democrats, but as men and women trying to would have application to situations where an sonal family matter. What is most important in save a woman’s life. We must ensure that individual is not in a government facility and is this situation is the wish of Terri Schiavo, and Terri Schiavo, disabled by illness, is not un- not challenging a state law.’’ Congress cannot properly dispense of this fairly deprived of her life. When the courts Before legislation of this weight is passed so question without being politically motivated. As refuse to hear such a case, Congress must hastily, all areas of ambiguity or speculation is the case with many measures that the Re- act to protect life. require fixes by way of the committee markup publican Congress has slid past this body that As a physician, I have been faced with process. First, the provision found in Section purport to expand rights, this measure will many families in situations similar to that of 2, page 3, lines 2–3 and 5–7 that limits the contract the States’ rights to be the final arbi- Terri Schiavo’s family. It is a delicate situation, consideration of the federal court to federal ter in private matters. one that pushes the boundaries of ethics, and questions, or whether authorizing the with- For the reasons stated above, Mr. Speaker, we must therefore proceed with caution. But drawal of food or fluids or medical treatment to I reject this legislation. fortunately, advances in medical technology an incapacitated person constitutes ‘‘a depri- Mr. HASTERT. Mr. Speaker, we come here have made recovery possible when before it vation of any right, privilege, or immunity se- with a heavy heart. I urge the Members of this was not possible. I have seen people recover cured by the U.S. Constitution’’ should be vet- House to do our duty to pass the Schiavo Act. from illnesses to lead fulfilling lives when most ted by members of the House Judiciary Com- Its purpose is simple—to allow the Federal thought all hope was lost. mittee for consideration of the implications of courts to review this matter in the light of But Terri Schiavo’s parents have not lost limiting federal purview in this fashion. Terri’s constitutional rights. That’s not a lot to hope. They believe that their daughter can Second, in Section 2, page 3, line 15, the ask. and will recover. Terri is not brain-dead, nor is drafters’ reference to a ‘‘born individual’’ is Over the last few days, Members of both she in the process of dying. She has survived ambiguous and merits committee scrutiny. parties and chambers have worked tirelessly for 15 years with very little treatment. Her par- While an ‘‘unborn’’ individual certainly cannot to reach this agreement. We hope that these ents only ask that they be allowed to care for conceivably execute a ‘‘written advance direc- efforts will help give Terri Schiavo new hope her. How can we deny her parents that possi- tive,’’ as found on page 2, line 22, this ref- and a new chance at life. bility? erence is limiting and again, merits serious We have heard very moving accounts of We are in this situation today because the scrutiny in order to prevent floods of litigation people close to Terri that she is indeed, very law is not clear. The federal court has discre- over the interpretation of this term. much alive. She laughs, she cries and she tion to refuse to hear certain cases, but when Thirdly, ‘‘significant relationship’’ as found smiles with those around her. She is aware of it does so at the cost of a disabled woman’s on page 3, line 20 can mean virtually anything her surroundings and is responsive to them. life, one who is unable to protect herself, we and simply invites voluminous litigation over This is a woman who deserves a chance at as Americans must take action. Tonight, I urge semantics that can be clarified in legislative life and not a death sentence of starvation and Congress to pass S. 686 and ensure a federal history by way of the proper legislative proc- dehydration. court reviews Terri Schiavo’s case. ess—and hearings before committees of juris- It is our hope that this bill will give Terri a In the coming months, Congress will have to diction. new hope of life. It takes her case out of the consider these issues again, in a broader con- If the House Majority Leadership had Florida court system and puts it in the hands text. As medical technology advances, ethical worked with the other body last Thursday to of the Federal court. There, her case will be and moral boundaries are inevitably pushed find an agreement as to the private measure tried anew where the judge can reevaluate into new territory. I look forward to working that passed, neither Ms. Schiavo nor the par- and reassess Terri’s medical condition. with my colleagues to ensure that as we move ties interested in her case would have en- Oddly enough, on this very day last year, forward, the sanctity of life is always pro- dured the stress that surrounded the removal the Pope addressed a group of participants in tected. of feeding tubes that occurred on Friday. an international Congress on life-sustaining

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5476 CONGRESSIONAL RECORD—HOUSE March 20, 2005 treatments. The Pope said a human being’s Mr. HONDA. Mr. Speaker, I rise today to sure that her constitutional rights have not value and personal dignity do not change no address S. 686 for the Relief of the Parents of been denied. matter what his or her circumstances. Theresa Marie Schiavo. Numerous courts I encourage all Members to support this leg- And I quote: have reviewed the tragic case of Terri islation. A man, even if seriously ill or disabled in Schiavo, and all have agreed that the right to Mr. KING of New York. Mr. Speaker, I rise the exercise of his highest functions, is and make decisions about her care rests solely today in support of S. 686, to provide for the always will be a man, and he will never be- with her legal guardian: her husband, Michael relief of Terri Schiavo’s family. In 1990, Terri come a ‘‘vegetable’’ or an ‘‘animal.’’ Schiavo. Schiavo suffered a heart attack and subse- I urge every Member of this people’s House Even in cases where the patient has made quent brain damage due to lack of oxygen. to carry these words in their hearts as we it clear that she did not wish to persist in a She is not in a coma, and with the exception vote. catatonic state, families face excruciating deci- of the feeding tube, requires no artificial life Today, we have the opportunity to give a sions about how to proceed. Disagreement support to keep her alive. Removal of the woman another chance to live. It is our turn to about the medical facts or the express wishes feeding tube, as was done this past Friday, fulfill the promises etched in the Declaration of of the patient only add to the agony, and often will result in Terri’s death by starvation and Independence to make life more perfect for lead to painful disputes within families. dehydration. By some estimates, she could be the pursuit of life. left to suffer for up to a month. This is a drawn I want to thank my colleagues Leader We are a nation of laws, and as such we have a proper and unbiased way of resolving out and painful process and Terri can feel DELAY, Majority Whip BLUNT, Representative pain. OBERSTAR, Chairman SENSENBRENNER and Dr. these difficult situations. The Schiavo case in- volves a family dispute over who has final de- In a case like this one, where there is a WELDON for helping us to get this life saving clear dispute between Terri’s parents and hus- bill together. cisionmaking regarding Terri Schiavo’s med- ical care, and as such falls exclusively under band as to her wishes, the presumption I want the Schindler family to know that no should always be on the side of life. Every ef- matter what happens, our hearts and prayers jurisdiction of the State courts. Federal courts do not have any jurisdiction in this case; the fort should be made to ensure that no mis- will continue to be with you. takes have been made in this case. I urge Mr. STUPAK. Mr. Speaker, as one of 203 U.S. Congress does not have any jurisdiction in this case; only the courts of the State of support of this important legislation. Democrat and Republican Members of Con- Mr. GENE GREEN of Texas. Mr. Speaker, gress who voted in favor of S. 686, a private Florida have jurisdiction here. I support this legislation, S. 686, for the relief bill for the Relief of the Parents of Theresa But Republican leaders in Congress have of the parents of Terri Schiavo. This deeply Marie Schiavo, I am pleased that President decided they must get involved in this tragic personal family matter has come to our atten- Bush signed this important piece of legislation story. Perhaps BILL FRIST sees a chance to tion and been acted upon by Congress when that may result in the reinsertion of Ms. score political points in advance of his 2008 the State courts have already made their deci- Schiavo’s feeding tube. The bill empowers a presidential bid; perhaps TOM DELAY sees a sions and rightfully so as this matter is in their Federal court to examine the Terri Schiavo way to distract from his ongoing ethics prob- jurisdiction. case. lems; perhaps they are motivated by more Now we find ourselves in the middle of a As I listened to my colleagues debating this noble standards. deeply personal battle between Terri’s hus- issue on the House floor last night, I heard Regardless of their motivation, the GOP many emotional statements from Members on band and her family. While we all understand congressional leadership has pushed S. 686, the pain and tragedy of this family’s struggle, both sides of the aisle in support of and op- legislation pushing an after-the-fact remedy by posed to what this bill stands for. This is not we cannot overstep our boundaries in this pre-empting State court jurisdiction. Foregoing heart-wrenching situation that many families about Democrats or Republicans, it is simply even the pretense of federalism, and the no- about protecting the rights of disabled individ- have made and will have to make in the fu- tion of America as a nation of laws, S. 686 re- ture. No one wants to witness the death of a uals. flects the Republicans’ belief that they may Unfortunately, after many years of dispute family member; however, if that person stated pick and choose the jurisdiction of their their wish was not to be kept alive artificially, between Ms. Schiavo’s husband and parents, choice, depending on the day and the case. a Florida State court ordered the removal of those wishes must be upheld. This bill places politics before the judgment In this case, the State courts of Florida have her feeding tubes and subsequent fate of of State judges, imposing Federal adjudication death by starvation and dehydration. Due to ruled that Terri’s wishes were indeed to not be on a case that has been comprehensively re- the urgency of Ms. Schaivo’s case, this bill kept alive artificially if she were to ever fall into viewed and decided. S. 686 represents a was limited in considering just her life. How- a persistent vegetative state. The idea that gross abuse of legislative authority and a vio- ever, there are many more people out there Congress would intervene in this case is in- lation of the U.S. Constitution. who also need help like this and I firmly be- deed unsettling and does bring some dis- Michael Schiavo has wrestled with the ago- lieve that before we extinguish any life, we turbing questions of constitutionality to the should allow that individual all legal and con- nizing decision of what to do for his wife. He table. stitutional protections, so they can leave this has followed Terri’s instructions in accordance We are justified in sending this highly emo- world with dignity. with the laws of his State and this country. tional case to the United States District Court I feel so strongly about this that I was an Congress has no business in this matter, for the Middle District of Florida even though original cosponsor of Congressman DAVE which involves a family decision based on mu- Terri remains in this persistent, seemingly un- WELDON’s recently introduced bill, H.R. 1151, tual agreement between a husband and wife. recoverable, state. The Federal courts should that would have given legal representation to Mr. EVERETT. Mr. Speaker, the Congress review Terri’s case to determine if her con- all incapacitated persons who are without writ- has been called upon to take emergency ac- stitutional rights have been violated because it ten documentation as to their wishes and tion to protect the rights and life of Terri is not the role of Congress to make such deci- whose family is involved in a dispute as to the Schiavo. sions regarding these issues. person’s wishes. While I normally do not favor Federal gov- Mr. MCNULTY. Mr. Speaker, I support S. S. 686, which we passed early this morning, ernment involvement in personal decisions, 686, for the Relief of the Parents of Theresa allows Ms. Schiavo’s parents to bring the case there are a number of aspects to the Schiavo Marie Schiavo. before the Federal court in Florida and they case which disturb me and call for further in- While I continue to support the right of indi- would be able to hear all evidence without vestigation. viduals (through living wills) and families being prejudiced by any of the information I am concerned about the lack of written (when no living will exists) to make such dif- from the Florida State case that led to the evidence that Terri Schiavo did not want her ficult decisions, this case is unusual in two feeding tubes being removed. The bill also di- life preserved, the fact that her husband wait- ways. First, while most families are united in rects the Federal courts to rule on whether re- ed years before telling anyone that his wife these judgments, this family is clearly divided. moving Ms. Schiavo’s feeding tubes is a viola- supposedly did not want to live, and also the Second, Terri Schiavo is not unresponsive to tion of her civil rights granted to her both by fact that her husband is pushing for her feed- those around her, as is typically the case the Constitution and Federal laws. ing tube removal after he has become in- when these decisions are made. According to I believe this bill is the right thing to do and volved with another woman and had children. her mother, Terri smiles, laughs, cries, and I believe we should protect human life from its Terri Schiavo is a living human being and otherwise responds to the presence of her inception to a person’s last breath. every reasonable effort should be made to en- family and others.

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5477 S. 686 does not make medical decisions. It Yet under the cover of darkness, the majority Schiavo and her family. This is a tragedy of merely allows Terri Schiavo’s family the right has made a national example out of a local, great depth. to have their case heard in Federal court—a individual, and very personal issue. I cannot imagine the pain that Ms. Schiavo right routinely accorded to death row inmates. It is my hope that, when the time arrives, has endured. As a husband, I certainly can That right certainly should be accorded to a these same ‘‘civil rights’’ advocates will fight empathize with Mr. Schiavo. As a father, I can disabled person. with the same zeal for the rights to equality, empathize with the feelings of Ms. Schiavo’s Mr. ROGERS of Michigan. Mr. Speaker, education, health care and housing that all mother and father. passage of S. 686 today reaffirms that our Na- Americans deserve. My feelings for the pain of this family are tion is built on a foundation of reverence for Ms. WOOLSEY. Mr. Speaker, there is no precisely the reason for my position on this life and a commitment to protect life. more difficult decision for a family than to re- bill. In the first instance, tragic choices such as Protection of life is at the core of our con- move a loved one from life support. My heart those confronting this family should be made stitutional republic. Beyond issues of separa- goes out to the Schiavo family in this very per- by the family itself. In a case such as this, in tion of powers and court jurisdiction, is the sonal and difficult time. However, I believe this which the family cannot come to a consensus, fundamental notion that our government—both to be a private family matter to be decided the courts are the proper place for decisions State and Federal—was established to protect based on their own faith and values, without to be made. the lives of all citizens. the government’s intervention. The Florida courts have examined this mat- Extraordinary circumstances require us to The Schiavo case has been a long and dif- ter in great detail for a very long time. For any defend the life of Theresa Marie Schiavo and ficult one for Ms. Schiavo’s family and friends. legislative body—least of all the Federal legis- her right to due process. Absent congressional Mr. Speaker, I trust that the multiple court de- lature—to impose its will is an abuse of its action, those rights, and in fact, her life, will be cisions and the multiple court reviews were power. forever extinguished. properly evaluated. Each time the evidence Excruciating decisions such as this belong I join the overwhelming bipartisan support pointed to the same unbiased conclusion: first to families, and only if there cannot be for ensuring that Theresa Marie Schiavo has Terri Schiavo’s wishes were clear and con- agreement within a family—in the courts. The full due process and that we uphold our rev- vincing. Doctors who have examined Ms. political process is the least appropriate place for such a decision to be made. erence for human life. Schiavo have consistently said that she is in Mr. MOORE of Kansas. Mr. Speaker, since Mr. SHADEGG. Mr. Speaker, thank you for a persistent vegetative state. The only ones February 1990, Terri Schiavo and her family giving me an opportunity to voice my thoughts who disagree are those who are deciding have been coping with a tragic situation in- on this significant issue. based on videotapes. In fact, the Florida State volving the most sensitive and difficult ques- This Nation was founded to preserve the sa- legislature has not overridden the decisions of tion imaginable. Congress and the American cred rights of mankind: life, liberty, and the their State courts. people should respect any person and their pursuit of happiness. Alexander Hamilton cor- There is no doubt that this is a family trag- family dealing with an end of life decision. rectly noted that these rights were intrinsic and edy. But, there is no room for the Federal Over the past 15 years, 19 judges sitting on could ‘‘never be erased or obscured by mortal Government in this case or in any similar six different courts have ultimately determined power.’’ case. It is unfair that this family during their that Terri Schiavo did not wish to be kept alive Our Nation was premised on this notion, time of grief has become a political pawn in an in a persistent vegetative state. Congress and our government built upon its foundation. ideological war the conservative leadership is should respect her wish and stay out of the Yet, more than 200 years after our founding, inappropriately propelling. personal lives of families in tragic situations we are still fighting to realize this sacred vi- Mr. Speaker, Congress intervening in this such as this. These heart-rending decisions sion. The fight to save the life of Terri matter sets a bad precedent for our entire are best made by the individual and family Schiavo, a disabled Florida woman, is evi- legal system. The Republican leadership has after discussions with treating physicians and dence of our struggle. repeatedly made a point of calling for the re- clergy—not by Washington politicians. In cases like Terri’s, when there is no living moval of Federal court jurisdiction over issues, At the time I received notice there would be will and exact wishes are impossible to deter- such as gay marriage or displaying the Ten a vote on the bill regarding Terri Schiavo, I mine, we must err on the side of protecting in- Commandments in public buildings, when the went immediately to the airport but was not nocent life. Without such guiding principles, Federal courts render a decision that does not able to get a flight to Washington in time. Had how can we be sure that we have not for- meet with their political ideology. In fact, they I been present, I would have voted to respect saken her rights and replaced them with a have gone so far as to introduce several legis- the wishes of Terri Schiavo. court-ordered death sentence based solely on lative initiatives to strip controversial religious I hope every American will consider writing hearsay? and social issues from the jurisdiction of Fed- or revising a living will to clearly state their It is not only mortal power that seeks to take eral courts. Now, ironically, when a State has wishes regarding end of life decisions and the life of Terri Schiavo, but moral power over- rendered a final decision that the Republican keep a similar tragedy from happening in their seen and blessed by government. If we allow leadership disagrees with, they support rein- family. this course to continue, and if we stand idly by stating the power of ‘‘activist judges’’ on the Mr. HENSARLING. Mr. Speaker, as the as this human life expires as a result of gov- Federal level. The Republican leadership can- elected representatives of the American peo- ernment-ordered starvation, we will have lost not have it both ways and should not interfere ple, we have no greater responsibility than de- the moral compass passed down to us by our with the judicial process that has worked for fending the lives and liberties of the most vul- forefathers. over 200 years. nerable among us. Today, both the legislative If we cannot protect innocent life in these Instead we should be fighting to cover the and executive branches of the United States circumstances where there is no written evi- 45 million Americans who are currently without government are acting in concert to defend dence of the individual’s wishes, the family is health insurance and unable to get the serv- the life of one such human being, Terri deeply divided, and death is neither imminent ices they need to live. We should be increas- Schiavo. nor certain in the near future, we have failed ing scientific research funding to improve our While the legal issues related to this case to do our jobs of protecting her constitutional medical procedures and help more people remain uncertain, the moral issues could not rights. overcome the impossible. be more clear. Terri Schiavo is very much Ms. LEE. Mr. Speaker, I am outraged that Mr. Speaker, I am not here today to judge alive today. By all appearances, she is re- the Republicans continue to lead the charge in what is right or wrong in Ms. Schiavo’s par- sponsive to her family and still has the capac- legislating their personal beliefs on the Amer- ticular case. Only her loved ones can truly ity to feel joy and pain, like the rest of us. ican people. know in their hearts what is right for her, even Terri Schiavo has a right to live, and we There is no legal or moral justification for if they cannot agree. But, what I do know is have a responsibility to help her. With such Congress to be meddling in the personal lives that whether someone has the right to live or complex ethical questions that fall between in- of any American. Further, it sets a terrible die is not a decision that the Federal Govern- terpreting the law and saving an innocent precedent. The Florida courts have repeatedly ment, and Members of Congress should not human life, we must always err on the side of ruled that any action on the part of the legisla- make. life. ture or governor is a violation of the separa- Mr. ANDREWS. Mr. Speaker, I am deeply President Abraham Lincoln said, ‘‘I have tion of powers enshrined in the Constitution. saddened over the pain and suffering of Ms. been driven many times upon my knees by

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5478 CONGRESSIONAL RECORD—HOUSE March 20, 2005 the overwhelming conviction that I had no- serious and personal issue. This bill is an in- legal recourse to help save her life by pro- where else to go.’’ This week, millions of trusion into a family’s medical decision and viding her with the opportunity to have her Americans, many of my colleagues, and I Congress should not play a role in a private case heard before a Federal court. There is found ourselves in a similar position. family matter when it is being dealt with in the clear precedent for Federal review of life and Through this action, Congress is not only State courts. death cases. saving the life of Terri Shiavo, we are making As Congress, we should respect the sanctity I strongly value the importance of States’ a statement about the country we live in and of the judiciary and not use legislative powers rights. This case does not weaken my resolve the culture of life which we seek. to overturn court decisions when we disagree to fight for States’ rights. The State and Fed- Mr. OXLEY. Mr. Speaker, I want to express with such decisions. eral government should not take life, but by my support of House leadership for working I wish for Terri, her husband and family giving the Federal court an opportunity to hear on our behalf to give Terri Schiavo her day in peace. the case, this allows one more opportunity for Federal court. Mr. WELLER. Mr. Speaker, my remarks Terri Schiavo to live. From our founding days, the Federal system today are to commend the United States Judge Greer of the Pinellas-Pasco Circuit we enjoy has reserved significant authority to House of Representatives for taking such swift Court stated, ‘‘I see no cogent reason why the the States to settle disputes. However, Fed- and just action during the early hours of Mon- committee should be able to intervene into a eral courts have always been able to review day, March 21st when this body passed S. case involving the decision of whether or not possible violations of a citizen’s constitutional 626 for the relief of the parents of Terri to remain on life support.’’ He added, ‘‘I don’t rights. The narrowly drawn language of S. 686 Schiavo. This bill will transfer the case regard- think that legislative agencies or bodies have merely gives a Federal court the chance to re- ing Terri Schiavo’s life to the review of a Fed- business in court proceedings.’’ view the unique circumstances of the Schiavo eral court. Doing so staved off efforts to per- I respectfully disagree. The Constitution not case in accordance with her Fourteenth manently remove Terri’s feeding tube, which only outlines a separation of powers but also Amendment guarantee: That no State shall would have slowly killed her by means of star- a system of checks and balances. It is deprive her of life without due process of law. vation and dehydration. Ms. Schiavo is neither Congress’s duty to hold the judicial branch ac- In seeking this Federal review, Congress en- brain-dead nor dependent on artificial life sup- countable or to act itself within its powers sures that the basic protections available to all port; she simply needs a feeding tube to eat when it believes it is necessary. The driving force behind many people’s ef- citizens are available to Terri Schiavo as well. as do many incapacitated people. forts on behalf of Ms. Schiavo was plainly to No federally guaranteed right is more sa- As a cosponsor of the original House bill to save her life. Yet there have emerged a num- cred than this right to life. I applaud the au- save Ms. Schiavo’s life and a strong supporter ber of difficult and complicated issues. I ap- thors of this legislation for crafting language of the Senate measure, I regret that I, along plaud the efforts of those who fight for Ms. allowing for a more thorough examination of with numerous other members of Congress, Schiavo to live. These issues resonate with Terri Schiavo’s rights under the Constitution of was unable to return to Washington, D.C. in many as some of us contemplate how we the United States. time to participate, due to the sudden and un- would like to die. I, however, focus on how Mr. FERGUSON. Mr. Speaker, it was with expected nature of the debate and vote. I am, Congress can protect Ms. Schiavo’s life be- heavy hearts and steady resolve that we came however, committed to continuing my support cause that is of paramount importance. to the House chamber on Palm Sunday to of efforts aimed at saving Ms. Schiavo’s life. Mr. BLUMENAUER. Mr. Speaker, this legis- pass S. 686, a carefully crafted bill with a sin- While the case regarding Terri Schiavo is lation provides a clear lesson for the American gular purpose: To ensure that Terri Schiavo unique and tragic in many ways, it would be public about how Congress and American poli- enjoys the same due process under the Con- a much greater tragedy for those in power to tics operate today. stitution as any other citizen, and to guarantee do nothing to save an innocent woman from a Make no mistake, this is not about what that her right to life is fully protected. slow, agonizing death. I am grateful that our Terri Schiavo wants. It is clear from testimony This is an extraordinary situation, one that efforts in Congress have assisted in staving of the family members who are fighting requires an extraordinary response. This is a off injustice and I am hopeful that new tech- against Terri’s husband that they would want life or death situation for this young woman. niques and therapies may be applied to Terri the feeding tube reinserted no matter what Terri’s parents should have the chance to for her benefit so that she may live out her life Terri wants. TOM DELAY says he doesn’t care have her case heard by a Federal judge, and in the most productive and peaceful manner what her husband wants. This is all about now they will. If we make an error, we should possible. people who have chosen to use this poor err on the side of life. Mr. BARTLETT of Maryland. Mr. Speaker, woman as a political football. This legislative Mrs. CUBIN. Mr. Speaker, as someone who Congress typically writes laws with a broad spectacle was an artful attempt to divert the respects human life in all its stages, I whole- application, but sometimes a special situation, public’s attention. heartedly support S. 686 and efforts to save such as this one, requires unusual legislative But in your mind’s eye, the face in the pic- Terri Schiavo. action. Life is sacred. Many across America ture that you should be thinking about is not Terri is not in a coma, nor are extraordinary have voiced support in an effort to keep Terri Terri Schiavo’s: You should be worried about measures being taken to keep her alive. Terri Schiavo alive. Nothing can diminish the impor- the face of you or your loved one in the mid- may need feeding tubes to help her eat, but tance of life. dle of a media circus, or worse, denied the that doesn’t mean she doesn’t deserve the Terri Schiavo suffered a heart attack 15 right to control your own fate. constitutional protections afforded by our judi- years ago and experienced brain damage. This is not a narrow, specific bill about a cial system. That Terri’s life could be taken While in the hospital, tubes were inserted in single case. Their true intentions were re- without such consideration is shocking to the her digestive system to provide nutrition and vealed by H.R. 1332, the bill that TOM DELAY conscience and contrary to notions of the rule hydration. Three years later, Terri was still had the House pass last Wednesday. I led the of law and due process. talking when speech therapy was discon- debate against H.R. 1332 because it would It is imperative that Congress act swiftly to tinued. Terri Schiavo is currently not terminally have effectively overruled Oregon’s Death with enact this bipartisan legislation, without which ill or in the process of dying. She is brain Dignity Act with language so broad and Terri Schiavo would most certainly die without damaged, but she is otherwise healthy. Terri sweeping that it would call into question every the legal redress she so rightfully deserves. Schiavo is not on artificial life support. No ex- living will and end of life directive. Anybody With that, I urge my colleagues to pass S. traordinary measures are being taken to keep who wanted to force the issue, whether busi- 686 and give Terri Schiavo and her family her alive. ness partner, estranged family member, or their day in Federal court. Ms. Schiavo is a living person. She is friend could drag your loved ones into Federal Ms. SOLIS. Mr. Speaker, I rise today in op- awake and aware of her surroundings. Many court. position to S. 686, Relief for the Parents of are galvanized by her cause because like me, Make no mistake, the goal is to take away Theresa Marie Schiavo. they recognize that the right to life is one of your choice in making end of life decisions, I am very disturbed that this tragedy is our core fundamental human values. just as their agenda is to control your choices being used for what seem to be political pur- The 14th Amendment states, ‘‘No State at the beginning of life, whether regarding con- poses. shall deprive any person of life, liberty or prop- traception or a woman’s right to choose. I am concerned because this bill would set erty without due process of law.’’ In this spe- The Schiavo case has received unbeliev- a dangerous precedent in dealing with a very cial circumstance, we were left with a last able attention and scrutiny by politicians and

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5479 judges at every level in the State of Florida. clock to determine a legislative solution to en- Terri Schiavo’s struggle to live has been For years, the battle has raged in a State that sure that Terri’s life and her constitutional emotionally trying for anyone who has fol- is controlled by Republicans and is governed rights are protected. lowed the case, let alone the incomprehen- by the President’s brother. This is not about Thomas Jefferson once wrote that, ‘‘[t]he sible emotions being faced by her family and due process and letting the system work. care of human life and happiness, and not caretakers who are directly involved. I, pre- Rather it is about some zealots who do not their destruction, is the first and only legitimate sumably like most Members of Congress, agree with the verdicts of the courts and the object of good government. I think Jefferson hoped to see the issue of Terri Schiavo re- professional opinions of medical experts. was right. I welcome this opportunity to join solved without Congressional intervention. The hypocrisy of TOM DELAY and the Re- my colleagues in this effort to help defend and While I do not feel it is the role of Congress publican leadership in Congress is breath- protect innocent human life. to make medical decisions in the case of Terri taking. The only time they trust the Federal Mr. OWENS. Mr. Speaker, we have just set Schiavo, I do feel it is our role to ensure her courts is when they are using them as a polit- a frightening precedent in the halls of Con- parents’ opportunity to fight for their own ical tactic. This fall they passed in the House gress by interfering in the life of an individual. daughter’s life before a Federal court. More- of Representatives, bills that declared the Fed- Yet we show little compassion for the scores over, I feel whenever there is doubt and ques- eral courts incompetent to rule on cases in- of families who do not have the financial tion and disagreement as to what a person in volving the pledge of allegiance and same-sex means or insurance to cover the expenses of Terri’s condition would want for herself, gov- marriage. individuals on life support or individuals who ernment must always protect one’s right to In a statement released early this morning, are sick in general. live. President Bush said he will ‘‘continue to stand There are 10,000 individuals on life-support I continue to pray for Ms. Schiavo and her on the side of those defending life for all throughout the country. The White House and family, and for the strength they need to en- Americans.’’ But the facts make it hard to be- Congress should find better ways to take care dure this emotional trauma. Every life is wor- lieve that the President is standing on prin- of all of these individuals and individuals who thy of protection, and given the circumstances ciple. In 1999, then Governor Bush signed a are in dire need of proper healthcare. surrounding this case, I support the efforts If we continue on this path, the President of law that ‘‘allows hospitals to discontinue life being taken to save her life. the United States should be made guardian of sustaining care, even if patient family mem- Ms. CARSON. Mr. Speaker, the Schiavo all people on life support. Then perhaps we bers disagree.’’ Just days ago the law per- family tragedy has touched the hearts of can find an amicable solution to the sadness mitted Texas Children’s Hospital to remove Americans across the country. This is a family that is the state of healthcare for Americans. the breathing tube from a 6-month-old boy What are our priorities? If we care about that has for fifteen years intimately battled with named Sun Hudson. The law may soon be saving lives, we should address the problem what for most of us are distant fears. Now mil- used to remove life support from Spiro of 40 million Americans who do not have lions of us, in conversations at the office with Nikolouzos, a 68-year-old man. The President health care insurance. Eleven million children our friends and colleagues and at the dinner has not commented on either case. do not have basic health insurance. New York table with our families, are trying to decide Because of this media circus, attention is State ranked 33rd out of 50 states in quality what we would do in their situation, what we being diverted away from the seniors that will of hospital care. And, 57,000 Americans die would want for ourselves and for our loved suffer and die in this country as a result of the needlessly each year because the health care ones. It is a conversation we need to have as Republican leadership’s budget proposal to system failed to provide adequate care. a nation. But it is a question that will remain shortchange Medicaid. The very financial Congress must stand up and do what the unsolved unless that time comes when our sources that have kept Terri alive for 15 years, voters elected them to do—focus on the crit- families are faced with tragedy as the Schiavo Medicaid and her malpractice settlement, are ical issues facing everyone in this country. family has been. under attack by the President and TOM DELAY. Ms. KILPATRICK of Michigan. Mr. Speaker, Today we can argue what we hope we For the time being, Republican leaders are I regret that Congress is being called in to this would do in their situation, what we think we succeeding in their effort to change the sub- special session while official business requires would want for ourselves, and what we think ject, and obscure this fact. me to be elsewhere at this time. However, I is right. But we do not know what it means to While Congress’s involvement is another wish to insert these remarks for the RECORD in be a member of the Schiavo family. We in sad chapter in the fight against Terri’s wishes, order to make public my views and position on Congress can only pretend. I’m glad that we forced them to narrow the the legislation before this body tonight, S. 686, Can any of us even imagine the agony that reach of this bill, at least for the time being. It that will provide for the Relief of the Parents this family has weathered over the past fifteen is still an unfortunate precedent of inappro- of Theresa Marie Schiavo. years? Can any of us here in Washington pre- priate Congressional intervention into a per- We are playing a dangerous game here as tend to have the authority to decide which sonal family matter. we try to act as Solomons when the nine members of this family in Florida are ‘‘good’’ In the final analysis, I’m pleased that the Solomons of the U.S. Supreme Court have re- and which are ‘‘bad’’? I have listened to some public was able to see what the stakes are fused to review the case involving Ms. of my colleagues condemn Michael Schiavo, a and what some politicians and zealots are will- Schiavo. The arguments we have heard to- man they have never met and do not know, as ing to do. Ultimately, it is this public aware- night both ‘‘pro’’ and ‘‘con’’ give testimony to wicked. Some of my colleagues have sug- ness that will defeat efforts to take away the the difficulty of the decision before us this gested that this man they have never met, this choice for each of us and of our families to evening, but it is a decision we should not be man who has suffered immeasurably through control our own destinies. making. Issues of life and death should be de- this agonizing family tragedy, is motivated by Mr. FEENEY. Mr. Speaker, as members of termined personally, medically, legally, spir- selfishness and cruelty. Some have suggested Congress, we have a moral obligation to pro- itually, morally—but not politically. Congress, he has no respect for life. Let us see these tect innocent life and not stand idly by while the political body that it is, should not be in- accusations for what they are: a sick and an activist judge seeks to use extreme meas- volved in this sad debate tonight, and I strong- shameful attempt to destroy a man’s character ures to destroy the life of an innocent woman. ly believe we will ultimately regret the prece- and to tear apart a family, all in the name of By transferring this matter to a Federal court dent we are setting by our intrusion into this political gain. we will ensure Terri is given every possible affair. My colleagues, this will be a day looked protection by allowing a Federal judge to see My heart goes out to the Schindlers this back upon with shame. It will be the day that whether her constitutional rights have been evening, and I share with them their concern 100 Senators and 435 Members of Congress violated. and love for their daughter. Nonetheless, I do and one President, none of whom are mem- Life is precious and I will always work to not think we have all the information we need bers of this family, none of whom have stood see that it is protected. With so much con- to act wisely in this matter. alongside Terri Schiavo over the hardships of troversy surrounding Terri’s final wishes and Mr. DEAL of Georgia. Mr. Speaker, I would the past 15 years, none of whom know her current physical condition, I believe it is imper- like to commend the Leadership in the House wishes, none of whom would have lifted a fin- ative that a Federal court take a fresh look at and Senate for working together for a rapid ger were it not for a sick sense of political op- this case. compromise on legislation to allow for the re- portunism at the expense of the family—it will I commend my colleagues from both the lief of the parents of Terri Schiavo, and I rise be the day these 536 strangers decided that House and Senate for working around the today to support the bill. the family wasn’t good enough, that it was

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 5480 CONGRESSIONAL RECORD—HOUSE March 20, 2005 time for 536 strangers to decide, without any the House marks yet another example of the [Roll No. 90] evidence or personal connection, what was Congressional leadership’s subversion of the YEAS—203 good for a family they have never met. judicial process. Anytime the leadership dis- Aderholt Fortenberry Michaud This is a choice we would never wish upon agrees with a ruling by a court, they strip its Akin Fossella Miller (FL) anyone, but which families must make be- power. This is not the way these matters Alexander Foxx Miller (MI) tween themselves and God alone. May Con- should be handled. It is not only subversion of Baca Franks (AZ) Mollohan gress never again pretend to be part of such the legal process, but of the Constitution of Bachus Garrett (NJ) Murphy a covenant. the United States of America. Baird Gilchrest Musgrave In fact, in a 1990 case before the Supreme Baker Gillmor Myrick Mr. GUTKNECHT. Mr. Speaker, as an origi- Barrett (SC) Gingrey Neugebauer nal cosponsor of the first legislation introduced Court that pertained to some of the very same Barrow Gohmert Ney to protect the life of Terri Schiavo, I am issues of the Schiavo case, Justice Antonin Bartlett (MD) Goode Northup pleased Members of Congress from both bod- Scalia, one of the most conservative justices Bass Goodlatte Nussle on the court, stated that he wished that the Bean Graves Oberstar ies and from both sides of the aisle were able Beauprez Green (WI) Otter to come together to pass legislation that gives Supreme Court had stated, ‘‘clearly and Berry Green, Al Pearce Terri Schiavo a chance at life. S. 868 will promptly, that the federal courts have no busi- Biggert Hall Pence allow members of Terri’s family to file a claim ness in this field.’’ He went on further to say, Bilirakis Harris Peterson (PA) Bishop (GA) Hart in the U.S. District Court in Florida for an al- ‘‘the point at which life becomes ‘worthless’ Pickering and the point at which the means necessary Blackburn Hastert Pitts leged violation of her Constitutional rights. Our Blunt Hastings (WA) Platts Constitution states that no state shall ‘‘deprive to preserve it become ‘extraordinary’ or ‘inap- Boehner Hayes Poe any person of life, liberty, or property, without propriate’ are neither set forth in the Constitu- Bonner Hayworth Pomeroy Boren Hefley due process of law.’’ Yet Terri has never had tion nor known to the nine justices of this court Porter any better than they are known to nine people Brady (PA) Hensarling Portman her own attorney exclusively representing her Burgess Herseth Price (GA) interests in court. This action will finally give picked at random from the Kansas City tele- Burton (IN) Higgins phone directory.’’ Pryce (OH) her that opportunity. Convicted criminals on Buyer Hobson Putnam Justice Scalia’s statement highlights both Calvert Holden death row are granted this right; should not an Ramstad the difficult nature of the issues involved, as Camp Hulshof Regula individual who has never been convicted of a well as his clear belief that matters such as Cannon Inglis (SC) Rehberg crime? Cantor Istook Renzi these have no business in the federal courts. Capito Jackson (IL) I understand issues involving long-term fam- Rogers (AL) Carter Jenkins This is a highly private issue, and though it is Ros-Lehtinen ily illness are areas in which Congress should Chabot Jindal unfortunate that Terri’s family was forced to go Ross tread softly, if at all. This is an extremely sen- Chandler Johnson (IL) to the courts, it should remain at the state Ryan (WI) Chocola Jones (NC) sitive area. But the facts of this case show Ryun (KS) level. Cole (OK) Kanjorski that Terri’s parents and siblings are willing to Saxton Congress should not have interfered by Conaway Kelly Schwarz (MI) care for her and bear her medical expenses. passing S. 686. It represents a gross over- Costello Kennedy (MN) Scott (GA) This is not someone in a coma or with a ter- Cox Kildee reach of Congressional power into a highly pri- Sensenbrenner Cramer King (IA) minal illness. Terri is awake and is able to see vate issue. An issue, Mr. Speaker, that is at Serrano Crenshaw Kingston and hear and is often alert and interacts with Sherwood root between Mr. Schiavo and his wife Terri, Cuellar Kirk Simpson her environment. We have a responsibility to and on the immediate periphery, between Mr. Culberson Kline protect the most vulnerable among us. Though Schiavo and the Schindlers. It is amazing that Cummings Kuhl (NY) Skelton Davis (KY) LaHood Smith (NJ) we sometimes are led astray, every man, some have chosen to play politics with this Smith (TX) woman and child is precious in God’s eyes. Davis (TN) Langevin tragic family situation. My prayers are with the Davis, Jo Ann Latham Snyder Terri’s family must be given the opportunity to entire family, especially now that Terri has Davis, Tom Leach Sodrel give her the treatment and care she deserves. passed away. DeLay Lewis (CA) Souder It was vitally important that Congress pass This case does highlight, however, the need Diaz-Balart, L. Lewis (KY) Stupak Sullivan this legislation; not just to protect Terri’s life, for individuals to make their personal and pri- Diaz-Balart, M. Linder Doolittle Lipinski Tancredo but also to avoid setting the disturbing prece- vate health care decisions and embody them Drake LoBiondo Tanner dent of ending human life against the wishes in a living will. At the very least, family mem- Dreier Lucas Taylor (NC) of someone’s family and those willing to give bers should have the comfort of knowing Duncan Lynch Terry they’re doing what their loved ones would Edwards Mack Thornberry her care. What kind of statement would we Tiahrt have wanted. One of the best things that can Ehlers Manzullo have been making to other incapacitated or Emerson Marchant Tiberi disabled individuals who aren’t able to survive emerge from this heartbreaking case will be Engel Marshall Turner without the assistance of medical technology an increase in families discussing and creating English (PA) Matheson Upton or the care of others? As many have stated, living wills. Etheridge McCaul (TX) Walsh Finally, I regret that I was unable to return Fattah McCotter Wamp when it comes to life and death decisions we Weldon (FL) in time for the debate and vote on S. 686. Feeney McHenry must always err on the side of life. Ferguson McHugh Weldon (PA) I regret I was not available to vote for S. Once I received official notice of a recorded Fitzpatrick (PA) McIntyre Westmoreland 868. Had my vote been needed for passage, vote, it was impossible for me to arrive in Foley McNulty Whitfield Washington, DC in time for consideration of Forbes Meek (FL) Wilson (SC) I would have returned immediately. Ford Melancon Wynn Mr. UDALL of New Mexico. Mr. Speaker, this measure. That being said Mr. Speaker, I the heart-wrenching details of Ms. Terri rise now to state for the record that I would NAYS—58 Schiavo’s case are well known to all of us. have voted against S. 686. The SPEAKER. The question is on Baldwin Frank (MA) Pascrell Her personal case, not to mention the family Berkley Gutierrez Payne the motion offered by the gentleman rift that has resulted, is certainly a tragedy and Bishop (NY) Hastings (FL) Price (NC) from Wisconsin (Mr. SENSENBRENNER) Brown-Waite, Holt Reichert my heart goes out to Terri, her husband, par- that the House suspend the rules and Ginny Hoyer Rothman ents, and loved ones who all are trying to do pass the Senate bill, S. 686. Butterfield Israel Schiff Capuano Kaptur Schwartz (PA) what they believe is best for Terri. The question was taken. However, Mr. Speaker, this is an issue that Cardin Kennedy (RI) Scott (VA) The SPEAKER. In the opinion of the Carnahan Larson (CT) Shays should be determined by those very people. Chair, two-thirds of those present have Carson Levin Spratt This is not a matter for Congress to decide. voted in the affirmative. Castle Lewis (GA) Strickland Unfortunately, since Terri’s family has been Clay Matsui Thompson (MS) Mr. FRANK of Massachusetts. Mr. Cleaver McDermott Van Hollen unable to agree on the best course of action, Speaker, on that I demand the yeas Clyburn McKinney Visclosky they have had to undergo, and continue to un- and nays. Conyers Miller (NC) Wasserman dergo today, lengthy legal battles. While it is The yeas and nays were ordered. Davis (FL) Moran (VA) Schultz unfortunate, that is what our legal process is The vote was taken by electronic de- Dent Murtha Watt Dicks Nadler Weiner for, and it has repeatedly ruled in favor of vice, and there were—yeas 203, nays 58, Doyle Olver Wexler Terri’s husband. Bringing this bill to the floor of not voting 174, as follows: Evans Pallone Wu

VerDate Sep 11 2014 10:22 Jan 23, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK4\NO_SSN\BR20MR05.DAT BR20MR05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE March 20, 2005 CONGRESSIONAL RECORD—HOUSE 5481 NOT VOTING—174 REPORT ON RESOLUTION WAIVING The SPEAKER. Without objection, Abercrombie Hinojosa Paul REQUIREMENT OF CLAUSE 6(a) the concurrent resolution is concurred Ackerman Hoekstra Pelosi OF RULE XIII WITH RESPECT TO in. Allen Honda Peterson (MN) CONSIDERATION OF CERTAIN There was no objection. Andrews Hooley Petri Barton (TX) Hostettler Pombo RESOLUTIONS A motion to reconsider was laid on Becerra Hunter Radanovich Mr. GINGREY, from the Committee the table. Berman Hyde Rahall on Rules, submitted a privileged report f Bishop (UT) Inslee Rangel Blumenauer Issa Reyes (Rept. No. 109–27) on the resolution (H. LEAVE OF ABSENCE Res. 181) waiving a requirement of Boehlert Jackson-Lee Reynolds By unanimous consent, leave of ab- Bonilla (TX) Rogers (KY) clause 6(a) of rule XIII with respect to sence was granted to: Bono Jefferson Rogers (MI) consideration of certain resolutions re- Boozman Johnson (CT) Rohrabacher Mr. DAVIS of Illinois (at the request ported from the Committee on Rules, Boswell Johnson, E. B. Roybal-Allard of Ms. PELOSI) for today and March 21. which was referred to the House Cal- Boucher Johnson, Sam Royce Ms. KILPATRICK of Michigan (at the Boustany Jones (OH) Ruppersberger endar and ordered to be printed. Boyd Keller Rush request of Ms. PELOSI) for today and Bradley (NH) Kilpatrick (MI) Ryan (OH) f March 21 on account of official busi- Brady (TX) Kind Sabo REPORT ON RESOLUTION PRO- ness. Brown (OH) King (NY) Salazar Ms. MCCOLLUM of Minnesota (at the Brown (SC) Knollenberg Sa´ nchez, Linda VIDING FOR CONSIDERATION OF request of Ms. PELOSI) for today and Brown, Corrine Kolbe T. S. 686, FOR THE RELIEF OF THE Capps Kucinich Sanchez, Loretta PARENTS OF THERESA MARIE March 21 on account of official busi- Cardoza Lantos Sanders SCHIAVO ness. Case Larsen (WA) Schakowsky Mr. ORTIZ (at the request of Ms. Coble LaTourette Sessions Mr. GINGREY, from the Committee PELOSI) for today and March 21. Cooper Lee Shadegg on Rules, submitted a privileged report Ms. LORETTA SANCHEZ of California Costa Lofgren, Zoe Shaw (Rept. No. 109–28) on the resolution (H. Crowley Lowey Sherman (at the request of Ms. PELOSI) for today Cubin Lungren, Daniel Shimkus Res. 182) providing for consideration of and March 21 on account of official Cunningham E. Shuster the Senate bill (S. 686) for the relief of business. Davis (AL) Maloney Simmons the parents of Theresa Marie Schiavo, Ms. WATERS (at the request of Ms. Davis (CA) Markey Slaughter which was referred to the House Cal- Davis (IL) McCarthy Smith (WA) PELOSI) for today and March 21. Deal (GA) McCollum (MN) Solis endar and ordered to be printed. Mr. COBLE (at the request of Mr. DeFazio McCrery Stark f DELAY) for today on account of official DeGette McGovern Stearns business. Delahunt McKeon Sweeney PROVIDING FOR A CONDITIONAL Mr. HYDE (at the request of Mr. DeLauro McMorris Tauscher ADJOURNMENT OR RECESS OF Dingell Meehan Taylor (MS) DELAY) for today on account of official Doggett Meeks (NY) Thomas THE TWO HOUSES business. Emanuel Menendez Thompson (CA) The SPEAKER laid before the House f Eshoo Mica Tierney the following privileged Senate concur- Everett Millender- Towns SENATE BILL REFERRED Farr McDonald Udall (CO) rent resolution (S. Con. Res. 23) pro- Filner Miller, Gary Udall (NM) viding for a conditional adjournment A bill of the Senate of the following Flake Miller, George Vela´ zquez or recess of the Senate, and a condi- title was taken from the Speaker’s Frelinghuysen Moore (KS) Walden (OR) tional adjournment of the House of table and, under the rule, referred as Gallegly Moore (WI) Waters follows: Gerlach Moran (KS) Watson Representatives. Gibbons Napolitano Waxman The Clerk read the Senate concur- S. 653. An act for the relief of the parents Gonzalez Neal (MA) Weller rent resolution, as follows: of Theresa Marie Schiavo; referred to the Gordon Norwood Wicker Committee on the Judiciary. S. CON. RES. 23 Granger Nunes Wilson (NM) f Green, Gene Obey Wolf Resolved by the Senate (the House of Rep- Grijalva Ortiz Woolsey resentatives concurring), That when the Sen- BILL PRESENTED TO THE Gutknecht Osborne Young (AK) ate recesses or adjourns on any day from PRESIDENT Harman Owens Young (FL) Sunday, March 20, 2005, through Sunday, Herger Oxley April 3, 2005, on a motion offered pursuant to Jeff Trandahl, Clerk of the House re- Hinchey Pastor this concurrent resolution by its Majority ports that on March 17, 2005, he pre- Leader or his designee, it stand recessed or sented to the President of the United b 0045 adjourned until noon on Monday, April 4, States, for his approval, the following 2005, or until such other time as may be spec- bill. ified by the Majority Leader or his designee So (two-thirds having voted in favor H.R. 1160. To reauthorize the Temporary in the motion to recess or adjourn, or until Assistance for Needy Families block grant thereof) the rules were suspended and the time of any reassembly pursuant to sec- program though June 30, 2005, and for other the Senate bill was passed. tion 2 of this concurrent resolution, which- purposes. The result of the vote was announced ever occurs first; and that when the House f as above recorded. adjourns on any day from Sunday, March 20, 2005, through Monday, April 4, 2005, on a mo- b 0046 A motion to reconsider was laid on tion offered pursuant to this concurrent res- the table. olution by its Majority Leader or his des- ADJOURNMENT ignee, it stand adjourned until 2 p.m. on Mr. DELAY. Mr. Speaker, pursuant Stated for: Tuesday, April 5, 2005, or until the time of to Senate Concurrent Resolution 23, Mr. BRADY of Texas. Mr. Speaker, on roll- any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs 109th Congress, I move that the House call No. 90, my flight from Texas brought me first. do now adjourn. to the Capitol one minute after the vote was SEC. 2. The Majority Leader of the Senate The motion was agreed to. closed. I intended to vote ‘‘yes.’’ and the Speaker of the House, or their re- The SPEAKER. Pursuant to the pro- Stated against: spective designees, acting jointly after con- visions of Senate Concurrent Resolu- sultation with the Minority Leader of the tion 23, 109th Congress, the House Mr. FILNER. Mr. Speaker, on rollcall No. 90, Senate and the Minority Leader of the stands adjourned until 2 p.m. Tuesday, on S. 686, I did not attend in protest of the House, shall notify the Members of the Sen- ate and House, respectively, to reassemble at April 5, 2005. politicization of a profound medical and family such place and time as they may designate Thereupon (at 12 o’clock and 46 min- tragedy. Had I been present, I would have whenever, in their opinion, the public inter- utes a.m., Monday, March 21, 2005), pur- voted ‘‘nay.’’ est shall warrant it. suant to Senate Concurrent Resolution

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