The bill would allow Terri's parents to use a "writ of habeas corpus" to take the case out of the Florida state courts and to federal courts. The habeas corpus review would apply to any other patients like Terri who are subject to involuntary starvation and that's what's earning it praise from disability activists.
However, George Felos, the euthanasia advocate who is Michael Schiavo's lead attorney, told the Sun-Sentinel newspaper that the legislation was a "horrible" idea.
"To allow never-ending federal review of state court decisions would make it virtually impossible to carry out patients' wishes if anyone in the family disagreed," he claimed.
Felos said the bill was unconstitutional and could cause years of delays in Terri's parents' case if it becomes law. Supporters of the bill counter that what has been unconstitutional is the violation of Terri's 14th Amendment due process rights.
"A court order to withdraw food and water is pretty extreme. For the federal legal system to sit by idly and let the state do that would be a dereliction of duty," Weldon said in explaining the rationale behind his bill.
So the state rules on the case, and Congressmen ask for the federal government to step in. Another blow to the "less federal oversight, more state's rights" platform.
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