Schiavo lawyers challenge 'Terri's Law'

AP | 10/29/03

[kattracks]

CLEARWATER, Fla. (AP) — A hastily passed state law that empowered Gov. Jeb Bush to keep a severely brain-damaged woman alive is unconstitutional, attorneys for the woman's husband claimed Wednesday.

In a court filing, attorneys for Michael Schiavo challenged what Florida lawmakers dubbed "Terri's Law," which gave Bush the authority to order Terri Schiavo's feeding tube be reinserted Oct. 21. They asked that the law be overturned.

The filing's major contentions are that the law violates Terri Schiavo's right to privacy under the Florida Constitution and the separation of power provisions of the state constitution.

Michael Schiavo has been battling in court for years to carry out what he says is his wife's wish to not be kept alive artificially.

His in-laws, Bob and Mary Schindler, have fought him, saying their daughter had no such wishes and is not in a permanent vegetative state, as a probate judge has declared. They say she is responsive and could improve with therapy.

[aristeides]

The law in Calder v. Bull was, I believe, at least as narrow as Terri's Law. It was different in that it did not command a result, only ordered a new trial. Given the language you cite from Calder v. Bull, it is possible that federal courts would not uphold Terri's Law because of that (possible, but not certain -- the quoted language doesn't commit itself on what would be done in that situation.)

Of course, if the courts did strike down Terri's Law on that basis, the Florida legislature would still then be free, under Calder v. Bull, to order a new trial under a new legal regime established prospectively by statute.

[UCANSEE2]

The sworn testimony only came recently, as the people who gave statements said they tried to do so before, but had been intimidated by Michael, and could not get a prosecutor to listen to them. The Prosecutor is just now deciding to see if he can go forward with the case.

[george wythe]

Astute observations.

It will be interesting to see what the courts decide in the next few months, and how the legislature will react.