Number: RL32830
Title: The Schiavo Case: Legal Issues
Authors: Kenneth R. Thomas, American Law Division 
Abstract: 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.
Pages: 9
Date: March 23, 2005