March 17, 2005

Wyden Statement on Objection to Unanimous Consent For Legislation Related to the Case of Mrs. Terri Schiavo

M. President, I am announcing my intention to object to any unanimous consent request to move legislation related to the case of Mrs. Terri Schiavo. I would object because the process being followed for these bills would by-pass regular procedure for Senate consideration of legislation and would potentially wreak havoc on the constitutional right of states to regulate medicine and medical practice within their borders.The United States Senate has not held a single hearing on these bills. Without a single hearing to examine the very complex and widespread implications of this case for the practice of medicine and without a single hearing to understand the possible effects of the federal judiciary reaching into an area traditionally reserved to the states, an effort is being made to ram these bills through the Senate in one day. These are bills that had not even been introduced and did not even have numbers this morning. This is not the way the Senate should conduct its business on a matter that has been on the hearts and minds of Americans for a long time and that could set a very dangerous precedent.The practice of medicine and the regulation of it throughout our nation's history have properly been the preserve of state interest. The failure to hold even a single hearing on this legislation means there has been no examination of the implications of the Federal Government stepping into an area that the Constitution has reserved for the states. Regardless of how a Senator might feel about this matter - and feelings run high on both sides - Senators should at least know the implications of such Federal intrusion before being asked to cast a vote on it.Respect for state sovereignty is a cornerstone of our federal system. Those who on other occasions have carried high the banner of states rights in marriage, divorce, child custody, education, social matters and the "taking" of private property would now seek to abandon the Constitutional prerogative states have been given in the field of medical practice. I cannot let that happen. There are too many unknowns and too little time to explore them, so I will object to any unanimous consent request to move this legislation.