Terri Schiavo

Congress is not the place for a medical diagnosis

"A few brave souls such as [Representative] Debbie Wasserman and Barney Frank had the courage to point out the obvious - that Congress is not the place for a medical diagnosis and that the constitutional separation of powers is serious business…"
(Using Terri, by Jon B. Eisenberg, 2005, HarperCollins)

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Excerpt from March 24, 2005 op-ed by Richard Cohen on the Schiavo case

"By late Sunday, when the debate had reached the House of Representatives, Barney Frank stood almost alone in opposing the bill. Cliches suffered. Here was an openly gay Democrat, the Massachusetts liberal of all Massachusetts liberals, defending the Founding Fathers, federalism, and the American tradition of keeping the government,s nose of out a family,s business."

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Boston Herald, March 22, 2005

Frank led the Democratic charge against a measure seeking federal intervention as the House met in an extraordinary late-night session Sunday, lacing his criticism with biting sarcasm: "We,re not doctors, we just play them on C-Span."

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Congressman Frank Statement on Conservatives, Approach to Schiavo Case (Boston Globe, April 28, 2005)

"They are fanatics with a very extreme agenda, and they will accept no restrictions on how to seek it. People who think they are doing the work of the Lord are sometimes less willing to accept earthly restraints."

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Congress should revisit issues of Schiavo case (Boston Globe op-ed by Congressman Frank, April 10, 2005)

"Here, our negative example is not what was in the March 20 [Terri Schiavo] legislation, but rather what was not in it - any resistance to President Bush,s budget, which proposes cuts in virtually every program at the federal level that eases the burden on the severely disabled: reductions in what Medicaid will need in coming years to meet its caseload; a proposal to cut by 50 percent in the next fiscal year the number of housing units built for disabled people; a Social Security proposal that seems to have been formulated without concern for or understanding of its impact on disability payments. There does not appear to be much comfort for the severely disabled in the president,s 'ownership society.," Click here to read entire article.

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Comment by Congressman Frank as reported in New York Times, June 16, 2005

"I think it will be seen at some point as a turning point in America about what,s going on with the Republican Party - namely that you have this fanatical party willing to impose its own views on pople, and frankly, powerful enough to do it…This is particularly a problem for Dr. Frist. This is a direct refutation of his TV diagnosis." Click Here to read additional comments by Congressman Frank following Terri Schiavo,s death.

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New York Times, March 24, 2005, Passing the Buck on Schiavo Cheats Public

"This needed to be debated so people in the country knew what the issues were, knew the implications of what we were doing," Representative Barney Frank of Massachusetts, who led the Democratic House fight against the [Schiavo] measure, said in a phone interview. "This was a constitutional crisis."

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Boston Globe, March 22, 2005, A Case With Big Implications; Battle Over Schiavo Has Forced Lawmakers to Take Sides on Hot Topics

Democratic Representative Barney Frank countered that intervention by Congress in the Schiavo case undercuts Republican arguments that activist judges are overstepping their boundaries. "This is a federal judge instructed by Congress to ignore everything that,s gone on in the state," Frank said. "It,s the Republicans who are trying to command judicial activism and dictate outcomes when they don,t like rulings."

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Excerpt from Congressman Frank,s remarks in an appearance on ABC,s This Week" hosted by George Stephanopoulos, March 27, 2

'This is what,s troubling to me: Not whether we should review the general subject about how we treat people who are disabled -- I think we should do that - but that because members of Congress in the majority, for a variety of reasons - religious, sincere, political - disagreed with the result that the Florida courts had reached after years of litigation, they said to the federal court, Disregard the Florida courts.

De novo means you make believe the Florida courts never happened. And that is something that is not something we,ve ever done or should do."

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Excerpt from Congressman Frank,s remarks in a CCN panel discussion, moderated by Larry King, March 25, 2005

"That,s not a judgment I feel competent to make, Larry. I think you should make that judgment only after knowing a great deal more about several specifics. What was her intention? That,s contested. It,s been tried and argued about in the Florida courts. The courts found that on the balance they thought her intention was expressed that she wouldn,t have wanted to live in this situation. I don,t know. I,m not in the court system.

"I know that it was thoroughly litigated up and down the Florida courts, up to the Florida Supreme Court on a number of occasions. The question is, is there any hope of recovery? Is she having any feeling? Obviously, it,s a tragedy. I think, obviously, the great tragedy happened 15 years ago when this young woman was stricken in this way.

"My view is that there are other and better ways to decide this than Congress. So, I,m very clear. I don,t know what to do. This is not a decision I should be making for the individuals or the family, and neither should my colleagues. And, that,s my problem.

"Congress steps in and passes a law that overturns everything the Florida courts did, really quite extraordinary. And tries to make a judgment based on old facts.

"And to answer your question from before, if Congress had gotten more specific, this was the dilemma the drafters had. If they had gotten more specific and kind of gave orders to the court, it would almost certainly have been found unconstitutional by the U.S. Supreme Court."

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