[Congressional Record Volume 151, Number 37 (Tuesday, April 5, 2005)]
[Extensions of Remarks]
[Page E540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FOR THE RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO

                                 ______
                                 

                               speech of

                             HON. TOM UDALL

                             of new mexico

                    in the house of representatives

                         Sunday, March 20, 2005

  Mr. UDALL of New Mexico. Mr. Speaker, the heart-wrenching details of 
Ms. Terri Schiavo's case are well known to all of us. Her personal 
case, not to mention the family rift that has resulted, is certainly a 
tragedy and my heart goes out to Terri, her husband, parents, and loved 
ones who all are trying to do what they believe is best for Terri.
  However, Mr. Speaker, this is an issue that should be determined by 
those very people. This is not a matter for Congress to decide. 
Unfortunately, since Terri's family has been unable to agree on the 
best course of action, they have had to undergo, and continue to 
undergo today, lengthy legal battles. While it is unfortunate, that is 
what our legal process is for, and it has repeatedly ruled in favor of 
Terri's husband. Bringing this bill to the floor of the House marks yet 
another example of the Congressional leadership's subversion of the 
judicial process. Anytime the leadership disagrees with a ruling by a 
court, they strip its power. This is not the way these matters should 
be handled. It is not only subversion of the legal process, but of the 
Constitution of the United States of America.
  In fact, in a 1990 case before the Supreme Court that pertained to 
some of the very same issues of the Schiavo case, Justice Antonin 
Scalia, one of the most conservative justices on the court, stated that 
he wished that the Supreme Court had stated, ``clearly and promptly, 
that the federal courts have no business in this field.'' He went on 
further to say, ``the point at which life becomes `worthless' and the 
point at which the means necessary to preserve it become 
`extraordinary' or `inappropriate' are neither set forth in the 
Constitution nor known to the nine justices of this court any better 
than they are known to nine people picked at random from the Kansas 
City telephone directory.''
  Justice Scalia's statement highlights both the difficult nature of 
the issues involved, as well as his clear belief that matters such as 
these have no business in the federal courts. This is a highly private 
issue, and though it is unfortunate that Terri's family was forced to 
go to the courts, it should remain at the state level.
  Congress should not have interfered by passing S. 686. It represents 
a gross overreach of Congressional power into a highly private issue. 
An issue, Mr. Speaker, that is at root between Mr. Schiavo and his wife 
Terri, and on the immediate periphery, between Mr. Schiavo and the 
Schindlers. It is amazing that some have chosen to play politics with 
this tragic family situation. My prayers are with the entire family, 
especially now that Terri has passed away.
  This case does highlight, however, the need for individuals to make 
their personal and private health care decisions and embody them in a 
living will. At the very least, family members should have the comfort 
of knowing they're doing what their loved ones would have wanted. One 
of the best things that can emerge from this heartbreaking case will be 
an increase in families discussing and creating living wills.
  Finally, I regret that I was unable to return in time for the debate 
and vote on S. 686. Once I received official notice of a recorded vote, 
it was impossible for me to arrive in Washington, DC in time for 
consideration of this measure. That being said Mr. Speaker, I rise now 
to state for the record that I would have voted against S. 686.

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