[JURIST] House Judiciary Committee chairman James Sensenbrenner has risen in the US House of Representatives to begin an extraordinary Sunday night pre-Easter recess debate on S. 686, a bill [JURIST text] passed earlier this afternoon by the Senate [JURIST report] that would permit a federal judge to conduct a de novo review of Terri Schiavo's case at the behest of her parents to determine if the withholding of food, water or medical treatment necessary to sustain her life violates the US Constitution or any federal laws. The debate is scheduled to last for three hours with a vote expected just after midnight.

10:16 PM ET - Sensenbrenner said, in part:

While our Federalist structure reserves broad authority to States, America's federal courts have played a historic role in defending the constitutional rights of all Americans, including the disadvantaged, disabled, and dispossessed. Among the God- given gifts protected by the Constitution, no right is more sacred than the right to life.

The legislation we consider today will ensure that Terri Schiavo's constitutional right to life will be given the federal court review that her situation demands. Unlike the legislation passed by the Senate a day after House passage of H.R. 1332, the legislation received from the Senate today is not a private bill. Also, and of critical importance, S. 686 does not contain a provision that might have authorized a federal court to deny desperately needed nutritional support to Terri Schiavo during the pendency of her claim.

Unlike earlier Senate legislation, S. 686 also contains a bicameral commitment that Congress will examine the status of legal rights of incapacitated individuals who are unable to make decisions concerning the provision or withdrawal of life- sustaining treatment. Broad consideration of this issue is necessary to ensure that similarly situated individuals are accorded the equal protection under law that is both a fundamental constitutional right and an indispensable ingredient of justice.

It is important to note that this legislation also does not create a new cause of action. Rather, it merely provides de novo federal court review of 'alleged violation(s)' of Terri Schiavo's rights 'under the Constitution or laws of the United States.' Furthermore, S. 686, makes clear that 'Nothing in this Act shall be construed to create substantive rights not otherwise secured by the Constitution and laws of the United States or of the several States.'

In addition, the legislation does not reopen or direct the reopening of a final judgment - it merely ensures an opportunity for the review of any violations of Terri Schiavo's federal and constitutional rights in federal court. As a result, the legislation is clearly consistent with both the separation of powers envisioned by our Founders and the weight of judicial precedent on point. As the Supreme Court held in Plaut v. Spendthrift Farms, 'While legislatures usually act through laws of general applicability, that is by no means their only legitimate mode of action.'

Finally, S. 686 presents no problems regarding retrospective application. As the Supreme Court held in Landgraf v. USI Film Products, 'A statute does not operate 'retrospectively' merely because it is applied in a case arising from conduct antedating the statute's enactment.' Rather, the court must ask whether the new provision attaches new legal consequences to events completed before its enactment. S. 686 does not attach any new legal consequences to events completed before its enactment, it merely 'changes the tribunal that is to hear the case' by providing federal court jurisdiction to review alleged violations of Terri Schiavo's federal and constitutional rights.

[JURIST] The US Senate has passed legislation to move the Terri Schiavo case into the federal courts. The House is expected to reconvene and vote on the bill later today.

5:10 PM - A transcript of Senate Majority Leader Bill Frist's floor statement in support of the bill is now available:

There has been a lot of discussion about what this bill actually does. Let me explain: simply put, it allows Terri’s case to be heard in a federal court. This legislation permits a federal district judge to consider a claim on behalf of Terri for alleged violations of Constitutional rights or federal laws relating to the withholding of food, water or medical treatment necessary to sustain her life.

This bill guarantees a process to help Terri, but does not guarantee a particular outcome. Once a new case is filed, a federal district judge can issue a stay at any time, 24 hours a day. A stay would allow Terri to be fed once again. The judge has discretion on this decision. However, I would expect that a federal judge would grant a stay under these circumstances because Terri would need to live in order for the court to consider the case.

If a new suit goes forward, the federal judge must conduct what’s called “de novo” review of the case. De novo review means the judge must look at the case anew. The judge need not rely on or defer to the decisions of previous judges. The judge also may make new findings of fact. Practically, this means that in a new case, the judge can reevaluate and reassess Terri’s medical condition.

Last night, as you know, House and Senate negotiators reached a bipartisan, bicameral compromise proposal to provide Terri Schiavo a clear and appropriate avenue to have her case heard in federal court. The bill we’re working on has majority support in the House and the Senate, and it is going to pass. The only question is when. The few, objecting House Democrats have so far cost Mrs. Schiavo two meals already today, and we’re working now to resolve this in time for her to get some food and water tonight.

Mrs. Schiavo’s condition, I believe, has been at times misrepresented by the media, but far more often has simply gone unreported all together. Terri Schiavo is not on a respirator; she can breathe on her own. Terri Schiavo is not brain-dead; she talks and she laughs, and she expresses happiness and discomfort. Terri Schiavo is not on life-support.

She’s not being ‘kept alive’; she is alive. It won’t take a miracle to help Terri Schiavo; it will only take the medical care and therapy that all patients deserve. Mrs. Schiavo is not being denied heroic measures; she’s being denied basic, basic, basic medical and personal care.

“The legal issues, I grant everyone, are complicated, but the moral ones are not. What will it hurt to have a federal judge take a fresh look at all this evidence and apply it against 15 years’ worth of advances in medical technology? We have a bill – the Palm Sunday compromise – that will give her that chance. It is bipartisan and bicameral and has overwhelming support in both houses. It will eventually pass. We just hope the objectors let us vote on it before it’s too late.

The case of Terri Schiavo is a sad and tragic situation. Congressional leaders have no business substituting their judgment for that of multiple state courts that have extensively considered the issues in this intensely personal family matter. The actions of the majority in attempting to pass constitutionally-dubious legislation are highly irregular and an improper use of legislative authority.

Michael Schiavo is faced with a devastating decision, but, having been through the proper legal process, the decision for his wife's care belongs to him and to God.

This rush to exploit a personal tragedy is not fair to those involved and will not create good policy.

[JURIST] US House Republicans failed Sunday afternoon to pass legislation that would prolong the life of Terri Schiavo, prompting a call for lawmakers who had just departed for Easter recess to return to Washington for a later vote that could come as early as the small hours of Monday morning. Sunday approval of the legislation could only have occurred with a unanimous vote of those present. House Speaker Dennis Hastert called a recess [House floor status] after it became apparent that a bill would not go through. Republicans supporting the bill must now assemble a quorum of 218 members to re-consider the issue. If the measure passes in the House and Senate, President Bush has promised to sign it. AP has more.

The bill being considered - the text of which is not yet publicly available and has not been fully finalized, although it has been described as a variant of more limited legislation that passed the Senate Thursday [JURIST Gazette citation] - would apply only to Terri Schiavo and would allow a federal court to review de novo the decision of a Florida state court to remove the feeding tube that was keeping her alive. If the congressional action is approved, attorneys for Schiavo's parents would likely seek a federal court order to have the feeding tube reinserted while the federal court deliberates. A habeas corpus action, denied by a federal court in Florida Friday [JURIST Gazette citation], is still pending in the 11th Circuit Court of Appeals. The court asked for additional briefs [Schindlers' supplemental brief, PDF] to be submitted before noon on Sunday. The Tampa Tribune has local coverage.

3:55 PM ET - House Democrats held a press conference on the Schiavo legislation Sunday afternoon after the House went into recess, assailing the bill before the House as a breach of separation of powers and an attack on the Florida courts. Watch recorded video via C-SPAN [alternate source here with part 2 via the Political Teen weblog]. House Republicans also held a press conference in support of the legislation - watch recorded video via C-SPAN.

4:05 PM ET - The transcript of Senate Majority Leader Bill Frist's floor statement from the brief Senate session at 2 PM this afternoon [also ending in recess] is now available online:

Shortly, we will stand in recess subject to the call of the chair. This action will allow the Senate to come back into session at a moment’s notice to receive the Terri Schiavo bill from the House of Representatives. The Senate will remain here throughout the afternoon and late into the evening as necessary to act immediately once its ready. Time is of the essence. Terri Schiavo is being denied life-saving nutrition this very moment.

Let me summarize again for everyone what the agreed upon legislation does. Under this legislation, Terri Schiavo will have another chance. She will have another opportunity to live. The bill allows Terri’s case to be heard in federal court. More specifically, it allows a federal district judge to consider a claim on behalf of Terri Schiavo for alleged violations of Constitutional rights or federal laws relating to the withholding of food, water or medical treatment necessary to sustain her life.

[JURIST] Forty-seven people, including senior aides to French President Jacques Chirac [official profile], face corruption charges for allegedly rigging public works contracts to finance political parties. The trial, which begins Monday in Paris, concerns one of several campaign finance scandals to surface during Chirac's former tenure as mayor of Paris. It is alleged that from 1988 to 1997, companies kicked back money spent by the regional Ile-de-France counsil for secondary school construction, to political parties including Chirac's Rally for the Republic (RPR), the Republican Party (PR) and the Socialists (PS). Among those implicated include Chirac's cabinet director Michel Roussin, former president of the Ile-de-France regional council and labour minister, Michel Giraud, former PR president and industry minister, Gerard Longuet, and sports minister, Guy Drut. Chirac has refused to appear before the judges and is not legally required to following a ruling [Cour de Cassation ruling in French] by the High Court of Appeal stating that current presidents are immune from judicial proceedings. AFP has more.

[JURIST] The Kuwaiti Ministry of Islamic Affairs [description in English; link to Arabic website] issued a religious edict Saturday declaring that Kuwaiti emir Sheik Jaber Al Ahmed Al Sabah [official profile] should have the final decision on granting women political rights if Muslim clerics disagree. According to Saturday's fatwa, "a decision by the ruler should end disputes on matters" upon which there is no religious consensus. The emir has previously been defeated in his battles with parliament to grant women the right to vote; earlier this month the parliament agreed to expedite consideration of a women's suffrage mesaure. In a few weeks Kuwait's parliament is expected to vote on a Cabinet-approved change to the 1962 election law [Kuwaiti National Assembly election law] that restricts political rights to men and prohibits female suffrage. Government supporters hope that the edict will encourage Parliament to support the measure. Women currently make up 40% of the Kuwaiti workforce. AP has more.

[JURIST] President Bush juggled his weekend schedule [AP report] to return to Washington Sunday to be ready to sign proposed legislation that would send Terri Schiavo's case to the federal courts [JURIST report]. Previously, urgent legislation passed while the president has been out of town has been flown in for him to sign. White House press secretary Scott McClellan said the circumstances here made it important for the President to go to the legislation.

It's still possible, however, that Bush may not have anything to sign Sunday or even later. US Representative Earl Blumenauer (D-Oregon) [official site] is organizing opposition [AP report] to the compromise measure agreed to by Congressional leaders which the House is expected to vote on this afternoon. One-third of the members present need to vote "no" to defeat it. Blumenauer spoke out [video clip] against an earlier version of the bill Thursday, concerned that Congress is overstepping its bounds [AFP report] and infringing on individual rights. Voters in Blumenauer's state have twice approved a Death with Dignity statute in 1994 and 1997 which is currently being challenged by the US Justice Department.

[JURIST] Jordan's state security court has sentenced Abu Musab al-Zarqawi [BBC profile] to 15 years in prison [Reuters report] in absentia for a plot to attack the country's embassy in Iraq. Zarqawi, designated the most-wanted man in Iraq {AP report] by US authorities, was convicted along with Miqdad al-Dabbas of "conspiring to carry out terrorist acts". Dabbas was detained before any attacks could take place. Zarqawi was previously sentenced to death in absentia in connection with the murder of a US diplomat [Islamonline.net report] in 2002, and also for plotting to blow up tourist hotels [CNN report] in Amman on New Year's Eve 2000.

[JURIST] Former Bosnian Serb general Vinko Pandurevic [ICTY case information sheet], wanted by the International Criminal Tribunal for the Former Yugoslavia for war crimes [indictment] during Bosnia's 1992-1995 war, has agreed to surrender [AFP report] to the UN war crimes court in The Hague. Pandurevic is wanted for his connection with the massacre of some 8,000 Muslims [Wikipedia entry] by Serb forces in the eastern town of Srebrenica. The Serbian government says Pandurevic will travel [Melbourne Herald Sun report] with a government official to The Hague on Wednesday.