3/10/2005
By: Dane Rose 
NCC Chairman Dr. Paul
Chaim Schenck (center, speaking) addresses a contingent of reporters during today's
news conference in Senator Sam Brownback's (R-KS) office. National
Clergy Council Chairman and Founder Dr. Paul Chaim Schenck today joined a gathering
of senators, congressmen and other pro-life and pro-family groups in voicing their
support for legislation that would grant "protections of habeas corpus for
certain incapacitated individuals whose life is in jeopardy". In its
traditional interpretation, a writ of habeas corpus is a judicial mandate to an
official (typically a prison official) ordering that an inmate be brought to the
court so it can be determined whether or not that person is imprisoned lawfully
and whether or not he should be released from custody. In recent times,
it has been also defined slightly differently. In the 9th Circuit Court of Appeals
case Brown v. Vasquez (1991), the court observed that the U.S. Supreme
Court recognized "the writ of habeas corpus is the fundamental instrument
for safeguarding individual freedom against arbitrary and lawless state action." This
writ would apply to the recent plight of Terri Schiavo, a brain-injured woman
surviving under the care of her parents in Clearwater, Florida. The feeding tubes
Schiavo needs to live were ordered to be removed at 1 p.m. on March 18 by order
of Pinellas, Florida Circuit Court Judge George Greer late last month. (Read the
article by Faith and Action President, Rev. Rob Schenck, here.) There
are two bills currently under "hotline" review by both houses of congress.
Sen. Mel Martinez (R-FL) has proposed bill S-539
while Rep. David Weldon (R-FL) has put forth H.R. 1151 (not yet received from
the G.P.O.) Both are known as the "Incapacitated Person's Legal Protection
Act". The bills are to be voted on, if approved for review on the floor of
congress, by either this afternoon or early tomorrow.
introduced
legislation that could save the life of Terri Schiavo, who suffered a brain injury
15 years ago. The Incapacitated Person's Legal Protection Act (HR 1151, S 539)
will give Terri, and those in similar situations, the same Constitutional protection
of due process as death row inmates, common sense legislation. Presently, the
law does not explicitly recognize due process for an incapacitated individual
and leaves the rights of disabled persons at the mercy of the courts instead of
defended by the Constitution. The Incapacitated Person's Legal Protection
Act will not apply to circumstances where an advance medical directive is in effect.
The Act simply provides a final avenue of review of the case to insure that a
disabled person's Constitutional rights of due process are maintained and that
justice is done. "Dr. Weldon's legislation would allow Terri to have
her own counsel that can argue her case, a right given to any criminal in the
United States, and Terri not a criminal but a woman truly fighting for her life,"
says Tony Perkins, President of Family Research Council. "The disabled
deserve due process," continues Perkins. "In the United States we don't
execute people without due process and we shouldn't execute the incapacitated
by starvation. Beyond being cruel and unusual punishment, this is an opportunity
for Congress to finally check the power of runaway courts." "We
commend Senator Martinez and Congressman Weldon for taking the initiative and
acknowledging a vital inconsistency in the process by which our courts determine
the fate of those who cannot speak for themselves." Tony Perkins is
available for interview. Please contact Amber Hildebrand in the FRC press office
at adh@frc.org or 202.393.2100.
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