The Weirdest Thing

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Something seems wrong about this bill (S 686). It was signed by President Bush on Monday morning. Perhaps you can spot it:

AN ACT

For the relief of the parents of Theresa Marie Schiavo .

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO .

The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo , or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after the date of enactment of this Act.

SEC. 5. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.

SEC. 6. NO EFFECT ON ASSISTING SUICIDE.

Nothing in this act shall be construed to confer additional jurisdiction on any court to consider any claim related--

(1) to assisting suicide,

(2) a State law regarding assisting suicide.

SEC. 7. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing in this Act shall constitute a precedent with respect to future legislation, including the provision of private relief bills.

SEC. 8. NO EFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

Nothing in this act shall affect the rights of any person under the Patient Self-Determination Act of 1990.

SEC. 9. SENSE OF THE CONGRESS.

It is the Sense of the Congress that the 109th Congress should consider policies regarding the status and legal rights of incapacitated individuals who are incapable of making decisions concerning the provision, withholding, or withdrawal of foods, fluid, or medical care.

We read an article about this today in my government class at school. I think that Congress and Bush should stay out of this. If they have the opportunity to interfere with this case, what will they interfere with next? I think this could open the floodgates allowing Congress to interfere with people's personal lives.

I think the whole bill is wrong and sets a bad precedent. I hope the Federal Courts strike it down.

This whole story in and of itself is making me want to make out a living will so that my family is never in that situation.

Congress is interfering with individual cases...

I know...

Traditionally congress involves groups of thousands; if not millions of people... courts involve individual cases...

I think when congress stoops to individual cases (let alone this one) it's a sign of the decline and fall of the American Empire...

It's interesting that when Congress finished coming up with this bill, Bush left his vacation in Crawford, TX just an hour later to sign it. But on September 11th, he sat there in that classroom and didn't do anything.

Sorry that didn't have anything to do with the bill itself, but I just had to bring it up.

Nuh uh, that has quite a bit to do with the bill. That's an interesting point you make there.

Bec,

I do not think Bush had a hand in the decision as to stay put or go back to DC but at the time of the attack, the military/CIA/etc. did not have any idea as to what would happen next. Since Bush was in a spot where the attackers did not know, he was actually safer in that classroom than on Air Force 1 or in DC or New York. That does have to be taken into account.

They should have just let her die from the start.