March 21, 2005 — The following memo listing talking points on the Terri Schiavo case was circulated among Republican senators on the floor of the Senate.
This is an exact, full copy of the document obtained exclusively by ABC News and first reported Friday, March 18, 2005, by Linda Douglass on "World News Tonight with Peter Jennings."
S. 529, The Incapacitated Person's Legal Protection Act
Teri (sic) Schiavo is subject to an order that her feeding tubes will be disconnected on March 18, 2005 at 1p.m.
The Senate needs to act this week, before the Budget Act is pending business, or Terri's family will not have a remedy in federal court.
This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue.
This is a great political issue, because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats.
The bill is very limited and defines custody as "those parties authorized or directed by a court order to withdraw or withhold food, fluids, or medical treatment."
There is an exemption for a proceeding "which no party disputes, and the court finds, that the incapacitated person while having capacity, had executed a written advance directive valid under applicably law that clearly authorized the withholding or or (sic) withdrawl (sic) of food and fluids or medical treatment in the applicable circumstances."
Incapacitated persons are defined as those "presently incapable of making relevant decisions concerning the provision, withholding or withdrawl (sic) of food fluids or medical treatment under applicable state law."
This legislation ensures that individuals like Terri Schiavo are guaranteed the same legal protections as convicted murderers like Ted Bundy.