Letter I Received From Congressman Jim Gerlach

April 5, 2005
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Ms. __ Marguerite Earhart
Spring City, PA 19475
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Dear Ms. Earhart:
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Thank You very much for your recent communication regarding the Terri Schiavo case. I appreciate your thoughts and comments on this very important issue.
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On March 20, 2005, the U. S. House of Representatives passed S686 which established the right of a representative of an "incapacitated person" to file a petition in federal court to have a federal judge review whether prior actions relative to the care and custody of the incapacitated person were constitutional under the United States Constitution. Since I, at that time, was part of a U. S. House delegation attending 22nd Annual Congress/German Parliament Conference in Berlin, Germany, I and the other members of our delegation were not present for that vote. Nonetheless, had I been present in the House to vote on S686, I would have supported it because I believe, in cases where there is significant debate and controversy surrounding whether the rights of an incapacitated person are being protected, I felt that permitting access to federal courts to review that situataion was and is appropriate.
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As we now know since that Congressional legislative action, federal appellate courts have looked at the earlier Florida state court and Supreme Court decisions on the Schiavo case and have found that no constitutional law had been violated and the Florida trial court's determination to allow Terri's feeding tube to be removed is legally valid. While much national debate continues over this sad situation, the case does highlight the need for individuals to fully document their wishes should they become incapacitated so that family members are not put in a position where they may disagree on how an incapacitated person's care will continue and have to resort to judicial proceedings to resolve a matter.
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Again, I appreciate your thoughts and comments on this tragic situation and please do not hesitate to contact me if I may be of further service to you.
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With kind regards, I am
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Sincerely,
Jim Gerlach
Member of Congress