{
  "id": "RL32830",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL32830",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 302633,
      "date": "2005-03-23",
      "retrieved": "2016-04-07T19:49:17.789029",
      "title": "The Schiavo Case: Legal Issues",
      "summary": "Recently, there have been a series of court and legislative actions regarding the proposed\nwithdrawal\nof nutrition and hydration from a Florida patient, Theresa Schiavo, who has suffered severe brain\ndamage. This report provides a synopsis of the factual and legal issues related to the case. The report\nthen analyzes  P.L. 109-3 , \u201cFor the relief of the parents of Theresa Marie Schiavo.\u201d\nThis law provides\nthat either parent of Theresa Marie Schiavo shall have standing to bring a suit in federal court. Under\nthis law, the federal courts shall determine  de novo  any claim of a violation of any right of\nTheresa\nMarie Schiavo under either the Constitution or the laws of the United States, as it relates to the\nwithholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.\n \n The parents of Theresa Schiavo sought injunctive relief under this law from the United States\nDistrict Court for the Middle District of Florida. The court denied a motion for a temporary\nrestraining order to require the provision of nutrition and hydration to Theresa Schiavo, finding that\nthere was not a substantial likelihood that the plaintiffs would win on the merits. The United States\nCourt of Appeals reviewed this order, and determined that the Congress had not amended the\nstandards for a temporary restraining order, nor had the district court abused its discretion in denying\nthe motion. The Supreme Court has denied a writ of certiorari regarding this decision.\n \n For a comprehensive discussion of statutory and legal issues surrounding the termination of\nmedical treatment, nutrition, and hydration,  see   CRS Report 97-244(pdf) , \u201cThe Right to\nDie:\nConstitutional and Statutory Analysis.\u201d For links to relevant court documents regarding the\nSchiavo\ncase, see  http://www.miami.edu/ethics2/schiavo/timeline.htm .",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/RL32830",
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions"
  ]
}