May 06, 2004
Schiavo Law unconstitutional
The law pushed by Gov. Jeb Bush to keep a severely brain damaged woman alive is unconstitutional, a Circuit Court judge ruled Thursday. The governor's office filed an immediate appeal.Posted by Norwood at May 6, 2004 05:04 PMPinellas Circuit Court Judge W. Douglas Baird's ruling voided the law passed in October after Terri Schiavo was disconnected, at her husband's order, from the feeding and hydration tube that has kept her alive for more than a decade.
The law allowed Bush to order that tube reconnected, and his filing with the state 2nd District Court of Appeal will keep the tube in place.
Schiavo's husband and legal guardian, Michael Schiavo, has fought a long court battle to carry out what he said were his wife's wishes not to be kept alive artificially. Her parents, Bob and Mary Schindler, doubt those wishes were made and believe her condition could improve with therapy.
Baird ruled the so-called "Terri's Law" unconstitutional because it violates Terri Schiavo's right to privacy and delegated legislative power to the governor.
Calling the measure "extraordinary," Baird said he assumed the law was passed with good intentions but allowed the government to go too far in overriding a citizen's private medical decisions, plus gave the governor "unbridled discretion."
Responding to the centerpiece of Michael Schiavo's argument against the law - that it violates his wife's right to make her own medical decisions - Baird wrote Terri's Law "in every instance, ignores the existence of this right and authorizes the governor to act according to his personal discretion."
Terri Schiavo, 40, was left severely brain damaged more than 14 years ago after her heart stopped beating because of chemical imbalance brought on by an eating disorder. She left no written directive about her wishes if she were ever incapacitated.
Attorneys for both Bush and the woman's parents said they were not surprised by the ruling, which also ended an effort by the governor for another trial regarding Terri Schiavo's wishes.
"It is profoundly disappointed that the mere bald and naked assertions Mr. Schiavo makes go untested in this proceeding," said Ken Connor, Bush's attorney. "The effect of all of this is that Mr. Schiavo gets to kill his wife through starvation and dehydration if this order is upheld."
The case is likely to go before the Florida Supreme Court and perhaps the U.S. Supreme Court if the governor does not get a chance to question witnesses and bring the matter to trial, Connor said.
Michael Schiavo's attorney, George Felos, said his client was "pleased and grateful."
"This is a very big day for Terri, for the enforcement of Terri's rights," said Felos, who may ask the matter be immediately referred to the Florida Supreme Court to avoid another round of court rulings that either side would surely appeal.
Baird said the governor's argument that he is protecting the disabled doesn't stand up against a Florida Supreme Court opinion that the disabled retain their personal right to privacy. Baird said Bush failed to spell out any compelling state interest adequate to override violating Terri Schiavo's right to privacy.
"The extent to which the governor or the Legislature wants to step in to any particular case ... opens the door for a wide range of invasions of constitutional right to privacy," said Randall Marshall, the American Civil Liberties Union attorney who joined with Felos in arguing the case. "And it may be that's what the governor wants to do, is to establish the precedent."
