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Friday, November 20, 2009
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Washington Report
 
Federal Legislation Introduced to Help Terri Schiavo Printer Friendly Forward to a Friend

In addition to efforts underway in the Florida legislature, there's important legislation that's been introduced in Congress in an effort to assist Terri Schiavo.

Senator Mel Martinez of Florida introduced his bill on the Senate floor on Tuesday.  The goal of the bill, named "The Incapacitated Person's Legal Protection Act of 2005," is to ensure that disabled individuals like Terri Schiavo receive the same legal process due to felons given the death penalty.  The bill calls for legal representation for Terri.  As you may recall, Florida Attorney David Gibbs is representing Terri's parents in the Florida court system in an effort to keep their daughter alive.  But Terri herself does not have legal representation in this case. 

As Senator Martinez said the other day, "The court ordered decision to stop all nutirents and remove her feeding tube was made without any legal represenation of her interests.  A federal habeas corpus proceeding will ensure her right to another hearing is followed before the court ordered decision to end her life is followed through." 

Brian Darling, Martinez's chief counsel, told Drew Ryun, our Director of Governmental Affairs, that the Republican leadership is taking this bill very seriously.  Oftentimes it takes weeks or months to get a piece of legislation to the floor for debate.  Darling told the ACLJ that Republican leadership wants this measure on the floor by Monday or Tuesday of next week.  There is a full court press going on right now on the legislative side to save Terri Schiavo. Republican staffers have told the ACLJ that this issue is garnering bi-partisan support.

On the House side, Congressman Dave Weldon of Florida, who is a physician, has introduced the exact same bill as Senator Martinez.  In the words of Rep. Weldon:  "Our Constitution guaruntees that no life will be taken without due process of law and guarantees equal protection under the law.  We need to make sure that these protections are clearly available to the disabled and incapacitated."

With one week remaining before the Florida court order clears the way for removal of Terri's feeding tube, efforts are intensifying on Capitol Hill with this new legislation.  ACLJ Chief Counsel Jay Sekulow will interview Congressman Weldon about this measure on Jay's radio program next week.

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