The Palm Sunday Compromise, formally known as the Act for the relief of the parents of Theresa Marie Schiavo, is an Act of Congress passed on March 21, 2005, to allow the case of Terri Schiavo to be moved into a federal court. The name "Palm Sunday Compromise" was coined by House Majority Leader Tom DeLay, reflecting the combustible mixture of religion and politics that characterized the Schiavo case. Theresa Marie Terri Schiavo (December 3, 1963 – March 31, 2005) was a woman from St. ... Michael Richard Schiavo (born April 3, 1963) was the husband of Terri Schiavo, who became a public figure in a national debate over end-of-life issues. ... ‹The template below has been proposed for deletion. ... On the morning of February 25, 1990, at approximately 5:30 a. ... Public opinion and activism in the Terri Schiavo case - Wikipedia /**/ @import /skins-1. ... This article is about government involvement in the Terri Schiavo case, including both Florida state legislative and legal activities, and the United States federal government. ... During the Terri Schiavo controversy in March 2005, a talking points memo on the controversy was written by Brian Darling, the legal counsel to Republican Senator Mel Martinez of Florida [1]. The memo suggested the Schiavo case offered “a great political issue” that would appeal to the party... A persistent vegetative state (PVS) is a condition of patients with severe brain damage in whom coma has progressed to a state of wakefulness without detectable awareness. ... A living will, also called will to live, advance health directive, or advance health care directive, is a specific type of power of attorney or health care proxy or advance directive. ... James E. Jim King is a state senator from Floridas 8th district, living in Jacksonville. ... Dr. Michael Baden is a board-certified forensic pathologist and medical doctor. ... Wikiquote has a collection of quotations related to: Randall Terry Randall A. Terry (born 1959) is an American political and conservative religious activist and musician. ... Dr. William Hammesfahr William Hammesfahr is an American neurologist practising in Clearwater, Florida, who specializes in treating stroke victims. ... An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is... March 21 is the 80th day of the year in the Gregorian Calendar (81st in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Theresa Marie Terri Schiavo (December 3, 1963 – March 31, 2005) was a woman from St. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Thomas Dale Tom DeLay (born April 8, 1947) is a former member of the United States House of Representatives from Sugar Land, Texas. ...

All of the federal petitions and appeals of Schiavo's parents to maintain her life support were denied, and the U.S. Supreme Court declined to grant certiorari. In addition to this specific United States federal legislation, there was extensive other government involvement in the Terri Schiavo case at the Florida state and federal levels, none of which ultimately prevented her life support from being terminated. This law-related article does not cite its references or sources. ... This article is about government involvement in the Terri Schiavo case, including both Florida state legislative and legal activities, and the United States federal government. ... This article or section does not cite its references or sources. ...

Passage of the Act

On March 19, congressional leaders announced that they were drafting a bill which would transfer the case from state court to federal court. In the very early hours of March 21, Congress approved emergency legislation. Despite an absence of a quorum, the Senate approved the bill (S. 686 CPS) by voice vote on Sunday, March 20. The bill passed unanimously, 3-0, with 97 of 100 Senators not present. Those present were the bill's sponsor, Frist (R-TN), and the two cosponsors, Santorum (R-PA) and Martinez (R-FL) The bill was received in the House of Representatives at 9:02 p.m., and deliberation continued during the unusual Sunday session. When it came to a vote, the motion was passed 203-58 (156 Republicans and 47 Democrats in favor, 5 Republicans and 53 Democrats against), with 174 Representatives (74 Republicans and 100 Democrats) not present on the floor at the time of the vote. The vote concluded at 12:41 a.m. EST; President Bush returned from vacation at his Prairie Chapel Ranch in Crawford, Texas to Washington, D.C. and signed the bill at 1:11 a.m. when it became Public Law 109-3. March 19 is the 78th day of the year in the Gregorian calendar (79th in leap years). ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Look up quorum in Wiktionary, the free dictionary. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... A voice vote in a legislative body refers to a vote taken on a topic where the participants respond to a question with yea (yes), nay (no), or present (abstain). ... William Harrison Bill Frist, Sr. ... Santorum redirects here. ... Melquíades Rafael Mel Martínez (born October 23, 1946) is a Cuban-born American politician, currently a United States Senator from Florida and has agreed to head the Republican National Committee, after the partys current chairman, Ken Mehlman, steps down. ... Seal of the House of Representatives The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress, the other being the Senate. ... GOP redirects here. ... The Democratic Party is one of two major contemporary political parties in the United States; the other being the Republican Party. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ... Bush at his ranch Prairie Chapel Ranch is a 1583 acre (6. ... Crawford is a town located in western McLennan County, Texas, eighteen miles west of Waco. ... Texas is the gayest motherfucking state out there they can suck my big black balls. ...

Provisions

The act applied only to the parents of Terri Schiavo — not Terri Schiavo herself — and gave federal courts jurisdiction to review alleged violations of her constitutional rights, without regard to prior state court rulings (a review de novo, effectively wiping out the previous decade of litigation). However, Congress did not attempt to create any new substantive rights for Schiavo, or include any provision requiring the federal court to order reinsertion of the feeding tube pending review. In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... A feeding tube is a medical device used to provide nutrition to patients who cannot do so via the normal oral route. ...

In practice, the act was completely ineffective. Like in state court, the parents' federal appeals were denied, and the U.S. Supreme Court declined to grant certiorari, effectively bringing an end to the prolonged litigation. The Federal courts' judgements were condemned by many on the religious right. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... This law-related article does not cite its references or sources. ... The term Religious Right is a broad label applied by both scholars and critics to a number of political and religious movements and groups that primarily are active around conservative and right wing social issues. ...

Criticisms

The act was strongly criticised by many on both sides of the political divide. Four particular criticisms were voiced:

• The law applied to only one individual. Comparisons were drawn with bills of attainder, which are specifically prohibited by the United States Constitution. While some saw this as a legally flawed analysis since bills of attainder take away individual rights rather than bestow them, the rights of Michael Schiavo, as Terri's guardian, to make decisions on her behalf were stripped away. Additionally, some argued that creating laws tailored for specific individuals is bad legislative practice as it means that other people in similar situations do not get relief, thus denying them equal protection. However, private bills--bills specifically directed at a particular person or persons--are extremely common in the U.S. Congress, such that Rule XV of the Rules of the House of Representatives establishes a calendar that provides for the consideration of private bills on the first and third Tuesdays of every month.

• The law was passed without a Senatorial quorum. Under Article One of the United States Constitution, a Senate quorum is necessary to conduct business. Since a quorum was not physically present in the Senate when the law was passed, some have argued that the law was unconstitutional. However, the rules of the Senate provide that the Senate may only ascertain whether a quorum is present with a roll call; any other method--such as counting--is forbidden by the rules, although any senator may demand a call of the roll at any time to ascertain the presence of a quorum. If a previous roll call has established the presence of a quorum, the rules provide that a quorum is assumed to be present until and unless a senator suggests otherwise. This practice enables the Senate to engage in debate and conduct less controversial business without requiring the physical presence of fifty-one senators in the chamber. Although occasionally controversial (as in this instance), both houses of Congress are given broad latitude to establish their own rules under Article One of the United States Constitution. No court has ever challenged this practice by striking down a law passed without the physical presence of a majority of senators in the chamber at the time of passage.

• The law was a violation of the separation of powers. Many commentators argued that Congress had exceeded its powers by substituting its judgement for that of the courts and directing the courts on how to proceed. This argument was addressed by Judge Stanley Francis Birch in a highly critical concurrence to the judgement of the United States Court of Appeals for the Eleventh Circuit, given on March 30, 2005. Judge Birch, a conservative Republican jurist, declared that:

• If the Act only provided for jurisdiction consistent with Article III, the Act would not be in violation of the principles of separation of powers. The Act, however, goes further. Section 2 of the Act provides that the district court: (1) shall engage in “de novo” review of Mrs. Schiavo’s constitutional and federal claims; (2) shall not consider whether these claims were previously “raised, considered, or decided in State court proceedings”; (3) shall not engage in “abstention in favor of State court proceedings”; and (4) shall not decide the case on the basis of “whether remedies available in the State courts have been exhausted.” Because these provisions constitute legislative dictation of how a federal court should exercise its judicial functions (known as a “rule of decision”), the Act invades the province of the judiciary and violates the separation of powers principle.

• An act of Congress violates separation of powers if it requires federal courts to exercise their Article III power “in a manner repugnant to the text, structure, and traditions of Article III.” By setting a particular standard of review in the district court, Section 2 of the Act purports to direct a federal court in an area traditionally left to the federal court to decide. In fact, the establishment of a standard of review often dictates the rule of decision in a case, which is beyond Congress’s constitutional power. [1]

• The law failed to create any substantive rights. The law enacted by Congress only obliged the federal courts to review the rulings of the Florida state courts to determine if procedural due process had been afforded. However, there was no serious argument that the Florida courts had violated any constitutionally mandated procedural requirements. Congress could have specified in the statute that the bill sought to enforce a substantive due process right to life, enacted pursuant to section five of the Fourteenth Amendment to the U.S. Constitution. However, the social conservatives who championed the legislation have been reluctant to rely on the rights created under this provision, as it has also been interpreted by the Supreme Court as providing the underpinning for the right to abortion and for refusal to receive life-saving medical assistance.

A bill of attainder (or act of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... The United States Constitution is the supreme law of the United States of America. ... The words inscribed above the entrance to the U.S. Supreme Court are: Equal justice under law The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that no state shall… deny to any person within its jurisdiction the equal protection of the laws. ... Private bills (see private bill) are acts considered or acted upon by a legislature that help a single individual by affording relief from another law, granting a unique benefit, or relieving the individual from legal responsibility for some allegedly wrongful act. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... A roll call is the process of checking who is in attendance, usually by calling out and checking off their names. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution states the establishment of the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... The separation of powers (or trias politica, a term coined by French political Enlightenment thinker Montesquieu) is a model for the governance of democratic states. ... The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the following United States district courts: Northern, Middle, and Southern Districts of Alabama Northern, Middle, and Southern Districts of Florida Northern, Middle, and Southern Districts of Georgia These districts were originally part... March 30 is the 89th day of the year in the Gregorian Calendar (90th in leap years). ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ... The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ...

See also

• Terri Schiavo

Theresa Marie Terri Schiavo (December 3, 1963 – March 31, 2005) was a woman from St. ...

External links

Cases and decisions

Some PDF files may be large and take time to download; alternate links provided in case one site is down or slow; "En banc" refers to the full court, not initial 3 judge panel. En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. ...

• Petition for Federal Relief by Terri's Parents, with "Jury Trial Demand" (PDF file) March 21, 2004 (filed before Federal "Palm Sunday Compromise" Bill passed into law)
• Text of the "Palm Sunday Compromise" bill (HTML page) Signed into law by President George W. Bush on March 21, 2005
• Statement of Interest by United States in Schiavo case (PDF file) March 21, 2005
• Opinion by 11th Cir. Denying Terri's Parents petition for TRO (case No. 2005-11556) (PDF file) March 23, 2005
• Opinion by 11th Cir. Denying 2nd & 3rd Amended petitions for TRO with additional counts (case No. 2005-11628) (PDF file) March 23, 2005
• 1 Page decision by 11th Cir. Denying "Amended" Petition for Rehearing (case No. 2005-11626) regarding TRO (PDF file) Opinion rendered March 23, 2005; Filed March 30, 2005 Alt. Link at FindLaw.com: [2]
• Opinion by 11th Cir. En Banc Rehearing denial (case No. 2005-11556) (PDF file) March 23, 2005; Alt. Links at "Abstract Appeal," "SCOTUS" Legal Blogs, [3], [4]
• "EMERGENCY APPLICATION FOR STAY..." to U.S. Supreme Court filed by Terri's Parents (PDF file) March 23, 2005
• Denial of Stay by U.S. Supreme Court for Appeals case: 2005-11556 (US Supreme Court Application: 04A825) (HTML Page) March 24, 2005
• Opinion by Tampa Federal court denying TRO after appeals court denied "All Writs" petition ruling that lower court could address this (PDF file) March 25, 2004
• Opinion by 11th Cir. En Banc Rehearing denial (case No. 2005-11626) (PDF file) March 25, 2005; Alt. Link at FindLaw.com: [5]
• Denial of Stay by U.S. Supreme Court for Appeals case: 2005-11628 (US Supreme Court Application: 04A844) (HTML Page) March 30, 2005

George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States, inaugurated on January 20, 2001. ...

Congressional record

Sunday March 20

• Daily Digest, March 20
• Long list of comms
• Prayer and Pledge, etc.
• S.686 Search Results
• 3 versions of S.686
• Report:Medical and Legal History
• Congressonal Record Search Results
• H.R. 1452
• Page H1701 onwards
• More House pages
• Page S3099
• House Report 109-028
• H.RES.182

Monday, March 21

• S.686 Public Law
• Res. 182
• Roll call vote in House of Representatives

Other

• The Terri Schiavo Foundation
• Abstract Appeal's compilation
• How the Schiavo Federal Court Case Might Have Been Won (by Constitutional scholar Michael Dorf)
• Congressional Action On Behalf of Another Daughter