Judge Says Case of Brain-Damaged Woman Can Proceed

The Associated Press ^ | 11/14/2003 | Mitch Stacy

[amdgmary]

Nov 14, 2003

Judge Says Case of Brain-Damaged Woman Can Proceed

By Mitch Stacy

Associated Press Writer

CLEARWATER, Fla. (AP) - Saying that a brain-damaged woman's constitutional rights are being violated, a state circuit judge Friday rejected an effort by Gov. Jeb Bush to delay a challenge to a law that allowed the governor to order reinsertion of the woman's feeding tube last month.

Circuit Judge W. Douglas Baird, after a brief hearing, ruled that Michael Schiavo's lawsuit against Bush can proceed. He ordered an attorney for the governor to submit a brief by Monday defending the constitutionality of the law that allowed Bush to order Terri Schiavo's feeding tube reinserted Oct. 21.

Baird said Terri Schiavo's right not to be kept alive artificially was successfully defended by her husband in state courts, and any delays in removing the feeding tube so she can die are violating her constitutional right to privacy.

"The deprivation of this right is immediate, ongoing and presumptively unconstitutional," Baird said from the bench.

However, Baird said, the final determination of the constitutionality of the law will be made later after another hearing. It has not been scheduled.

Besides violating Terri Schiavo's right to privacy, Michael Schiavo's lawsuit against Bush contends that the hastily passed law that authorized the governor to intervene violated the separation-of-power provision of the Florida Constitution.

An attorney for Bush tried to block the lawsuit on procedural grounds, filing with the 2nd District Court of Appeal on Monday. That appeal triggered an automatic stay of Michael Schiavo's action, prompting his attorney, George Felos, to file a motion Wednesday to override the stay so the case can move forward.

Felos said Bush's appeal was a delaying tactic and Baird's ruling recognized that.

"We're obviously very pleased with the judge's decision to vacate the stay, and not only that but his acknowledgment of the facts in this case," Felos said. He called on Bush to abandon any further delays and allow the matter to be litigated.

Amy Quezon, who argued the motion on behalf of Bush, declined comment.

Officials in Bush's office have denied trying to delay the case, saying that they are just trying to make Felos follow the rules. They claim he failed to properly serve the governor with a copy of the lawsuit and that he should have filed it in Tallahassee where Bush is based.

Michael Schiavo has been fighting his in-laws, Bob and Mary Schindler, in court for years for the right to remove his wife's feeding tube, saying she would not want to be kept alive artificially. She suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain.

Some doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. Her parents, however, dispute those findings, saying they believe she could improve with therapy.

Florida courts had repeatedly affirmed the right of Michael Schiavo to remove his wife's feeding tube because he is her legal guardian.

[livius]

I can't quite understand how HER "constitutional rights are being violated". Is there a constitutional right to be put to death by people who find you inconvenient?

[GeekDejure]

"The deprivation of this right is immediate, ongoing and presumptively unconstitutional," Baird said from the bench.

Geez... why am I not surprised that another Floridah "judge"??? would declare such nonsense??? No doubt all of them are confirmed followers of Lucifer !!!

.

[Luke Skyfreeper]

Right. She has a constitutional right to be starved to death by her husband. The mean-spirited, racist, discriminatory, woman-hating, gay-bashing, racist, conservative, racist Republican governor is depriving her of her Constitutional rights by delaying her starvation.

Any questions?

[gov_bean_ counter]

If this isn't stopped, it won't be long before Dr. K and those like him are back in business, legally.

[auboy]

Baird said Terri Schiavo's right not to be kept alive artificially was successfully defended by her husband in state courts, and any delays in removing the feeding tube so she can die are violating her constitutional right to privacy.

I was listening to Senator Rick Santorum early this morning. He was making the point that nowhere in the Constitution could he find "right to privacy".

Anyone out there know where this right to privacy that Judge Baird is referencing is found in our Constitution? Or, is Judge Baird just making it up as he goes?

[Tax Government]

This is surreal. A person's right to be killed by her guardian not getting the respect it deserves.

While we're talking about absurdities, isn't it absurd that the contract to offer Federal Reserve Bank services to the government was never put up for open bid? I would gladly print fake money and offer it as collateral for debts, public and private -- billions of it, for a very, very small fee. Just ask me. My laser printer stands at the ready.

[freekitty]

Absolutely correct, livius. Couldn't have said it better.

[JSteff]

The right to privacy is there... along with the right for a woman to kill her baby.

Can't you read? It is all right there if you put on your glasses with two left lenses.

[Cicero]

The "right to privacy" was first used in the Roe v. Wade decision. The decision said that this right is to be found in the "penumbra" of the constitution--whatever that may mean.

Justice Brennan probably thought this ploy up, although he used his sock puppet on the court to write the actual decision.

[auboy]

penumbra: a term of astrology

1. the partial or imperfect shadow outside the complete shadow (umbra) of an opaque body, as a planet, where the light from the source of illumination is only partly cut off.

2. the grayish marginal portion of a sunspot.

Sounds like Roe v. Wade and Schiavo v. Bush are based on the "right to privacy" ploy - not found in the Constitution - but found in the imperfect shadow outside the complete shadow of the Constitution where the light from the Constitution is only partly cut off - as defined by the imperfect shadow outside the complete shadow of some judge's mind - where the light from the judge's mind is only partly cut off.

IOW, they just made it up.

[isrul]

It's in the same amendment that defines the right to privacy and explains the wall between church and state. /sarcasm

[WOSG]

IMPEACH THE JUDGE!!

[Saundra Duffy]

Felos is a monster from hell and his sidekick MS is even worse.

[night reader]

Sad that a week after this case left the headlines, this article has drawn only 14 (now 15) replies.

[Mfkmmof4]

Bear in mind that just because this is moving forward does not mean an automatic win for Michael. The law MAY not be overturned. Florida Constitution allows for the enactment of a private law. Sometimes public opinion influences judges. Baird also knows the final say will not be with him!

[joesnuffy]

It is a lie...she doesnt have a constitutional "right to die"

This is about her psuedo husband and man living with another woman with whom he has now had two children...he lives in a common law marriage..and as such his wife should be allowed a common law divorce imo

Terri wants to live...if this is not apparent to anyone..that person is either blind or has another agenda

For her to still be alive after all that has been done to deprive her of life sustaining therapy and nutrition is a bold testament to her will to live...

This is not about one womans right to die...its about 'The State' (judges and lawyers and the pro death crowd) claiming the right to kill her...(and by extention their right to kill any of us they choose)

[Old Professer]

No, there is a Constitutional right to allow them to do it is the best I understand.

I believe everyone should be aware of what an irrevocable act means.