Aderholt Votes for Protection of Incapacitated Persons Act of 2005

"This legislation is humane and the right thing to do to reinforce the law's commitment to justice and compassion for those among the most vulnerable," said Congressman Aderholt.

WASHINGTON, March 17, 2005 - Congressman Robert Aderholt (R-Haleyville) yesterday voted for the Protection of Incapacitated Persons Act of 2005 (H.R. 1332), which authorizes the removal of cases from state court to U.S. federal court to protect the federal rights of incapacitated persons. These proceedings would be authorized after all state remedies have been exhausted.

The legislation was spurred by the Florida case involving Terri Schiavo, who is in a persistent vegetative state. Schiavo's husband wants to end her life; however, her parents insist that their daughter wants to live.

"This legislation will protect Mrs. Schiavo by allowing her to have a federal court consider her case anew, unrestricted by the findings of the state court," said Congressman Aderholt.

"The idea of removing Mrs. Schiavo's feeding tube is inhumane, and nothing short of a death sentence. Terri Schiavo - a woman who smiles and cries and who is not on a respirator or any other 24-hour-a-day medical equipment - has committed no crime and she has done nothing wrong."

This bill applies to anyone who might find themselves in Schiavo's situation, namely those who are in an incapacitated state and facing a court order authorizing 'the withdrawal or withholding of food or fluids or medical treatment necessary to sustain the incapacitated person's life.' The bill applies only to medically incapacitated persons - and not to convicted criminals or those facing the death penalty, for example.

The legislation now moves to the Senate for consideration.

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