The Schiavo Case: Legal Issues (CRS Report for Congress)
Premium Purchase PDF for $24.95 (15 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
March 23, 2005 |
| Report Number |
RL32830 |
| Report Type |
Report |
| Authors |
Kenneth R. Thomas, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Recently, there have been a series of court and legislative actions regarding the proposed
withdrawal
of nutrition and hydration from a Florida patient, Theresa Schiavo, who has suffered severe brain
damage. This report provides a synopsis of the factual and legal issues related to the case. The report
then analyzes P.L. 109-3 , "For the relief of the parents of Theresa Marie Schiavo."
This law provides
that either parent of Theresa Marie Schiavo shall have standing to bring a suit in federal court. Under
this law, the federal courts shall determine de novo any claim of a violation of any right of
Theresa
Marie Schiavo under either the Constitution or the laws of the United States, as it relates to the
withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
The parents of Theresa Schiavo sought injunctive relief under this law from the United States
District Court for the Middle District of Florida. The court denied a motion for a temporary
restraining order to require the provision of nutrition and hydration to Theresa Schiavo, finding that
there was not a substantial likelihood that the plaintiffs would win on the merits. The United States
Court of Appeals reviewed this order, and determined that the Congress had not amended the
standards for a temporary restraining order, nor had the district court abused its discretion in denying
the motion. The Supreme Court has denied a writ of certiorari regarding this decision.
For a comprehensive discussion of statutory and legal issues surrounding the termination of
medical treatment, nutrition, and hydration, see CRS Report 97-244(pdf) , "The Right to
Die:
Constitutional and Statutory Analysis." For links to relevant court documents regarding the
Schiavo
case, see http://www.miami.edu/ethics2/schiavo/timeline.htm .
