[Congressional Record Volume 151, Number 33 (Thursday, March 17, 2005)]
[Extensions of Remarks]
[Page E512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


            PROTECTION OF INCAPACITATED PERSONS ACT OF 2005

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                               speech of

                             HON. JIM DAVIS

                               of florida

                    in the house of representatives

                       Wednesday, March 16, 2005

  Mr. DAVIS of Florida. Madame Speaker, today, I rise before this House 
as a sad Floridian.
  Along with millions of Americans, I am hoping and praying for the 
best for Terri Schiavo and her family.
  Fifteen years ago, Terri and her family had so many things in life to 
look forward to. Never in their wildest dreams would they be able to 
foresee the tragic events that would raise a conflict so heated that 
the federal government would reach into their lives and alter their 
future.
  As Terri's family works through their differences in court, one of 
the few things that could make this terrible situation worse is for 
Congress to turn this family's case into a political football.
  But today, that is exactly what Congress is doing and it is exactly 
what the Florida Legislature is doing as well.
  There are already laws in place dealing with both the guardianship 
rights granted to spouses under marriage and the terrible end-of-life 
choices that so many families must make. Since the beginning of our 
nation, our federal and state constitutions have provided the judicial 
branch the authority to determine if these laws are being fairly 
applied.
  If the laws governing end-of-life cases needs to be improved, the 
Florida Legislature and Governor should have an open, honest debate 
about the issue and how any problems can be fixed for all families who 
struggle with these tough choices.
  The U.S. House Republican Leadership only made the situation worse by 
refusing to hold hearings and bringing this bill to the floor before my 
colleagues have even learned who Terri Schaivo, her husband and her 
family are, let alone the impact of the bill on other families.
  In what only can be described as a stunning abuse of power, with 
little debate and zero respect for families, Congress is about to set a 
precedent that could strip every spouse of the right to make end-of-
life decisions for his or her spouse.
  So today, I have to ask my colleagues, ``Do YOU think Congress is 
better suited to make an end-of-life decision for your spouse?''
  I've spoken to a lot of my fellow Floridians about this tragic 
situation, but I don't think any of them have a Living Will in place 
that states ``I want the politicians in Washington or Tallahassee to 
make decisions for me.''
  With every fiber of my being, I oppose this legislation. Congress' 
job is to fix problems with the law for all Americans. If Congress 
intervenes in this family matter, where will they stop?
  Sadly, regardless of what we do today, no one wins. A husband may 
lose his wife and parents may lose their daughter. My heart and prayers 
go out to Terri and her family.

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