Posted on 05/06/2004 10:55:01 AM PDT by george wythe
A Circuit Court judge ruled Thursday that the law pushed by Gov. Jeb Bush to keep a severely brain damaged woman alive is unconstitutional. The governor's office filed an immediate appeal.
The ruling by Pinellas Circuit Court Judge W. Douglas Baird ends the first legal fight over the October law, passed just days after Terri Schiavo was disconnected from the feeding and hydration tube which has kept her alive for more than a decade. Her husband Michael had fought a long court battle to carry out what he said were his wife's wishes not to be kept alive artificially but her parents have said there were no such wishes.
(Excerpt) Read more at usatoday.com ...
Yet she continues to confound them with her tenacious desire to live....
To the appellate court, the Second District Court of Appeals in southwest Florida.
The appellate court has already ruled that Baird did not err when he called the law "presumptively unconstitutional."
Perhaps a technicality might reverse this decision, but most judicial experts had predicted that "Terri's Law" would be found unconstitutional by the trial court, the appellate court, and Florida Supreme Court.
Among these are the Rights to LIFE, Liberty and the Pursuit of Happiness.
Then ask him if he he knows what Unalienable means.
How The Florida Legislature and Governor Have Usurped the Judicial Role in the Schiavo "Right to Die" Caseweeklystandard.com
By MICHAEL C. DORF
The Rule of Terri's Case Strikes Again. Terri's parents are held to the letter of the law; the man who is trying to kill her is given heaping amounts of "judicial discretion."
by Wesley J. Smith
From an expanded AP story:
The so-called "Terri's Law" is unconstitutional because it violates the Schiavos' right to privacy and because it delegated legislative power to the governor.
_ Feb. 25, 1990: Terri Schiavo collapses in her home. Doctors believe a potassium imbalance caused her heart to stop, temporarily cutting off oxygen to her brain.
_ Nov. 1992: Terri's husband, Michael, wins malpractice suit that accused doctors of misdiagnosing his wife; jury awards more than more than $700,000 for her care, Michael receives an additional $300,000.
_ Feb. 14, 1993: Terri Schiavo's parents, Bob and Mary Schindler, have a falling out with Michael over the malpractice suit money and Terri's care.
_ July 29, 1993: Bob and Mary Schindler file petition to have Michael Schiavo removed as Terri's guardian. The case is later dismissed.
_ May 1998: Michael Schiavo files petition to remove Terri's feeding tube.
_ Feb. 11, 2000: Circuit Judge George W. Greer rules feeding tube can be removed.
_ Jan. 24, 2001: 2nd District Court of Appeal upholds Greer's decision.
_ March 29, 2001: Greer rules feeding tube to be removed April 20.
_ April 18, 2001: Florida Supreme Court refuses to intervene in the case.
_ April 20, 2001: U.S. District Judge Richard Lazzara grants the Schindlers a stay until April 23 to exhaust appeals.
_ April 23, 2001: U.S. Supreme Court refuses to intervene.
_ April 24, 2001: Feeding tube is removed from Terri Schiavo.
_ April 26, 2001: Circuit Judge Frank Quesada orders doctors to reinsert Terri's feeding tube; the Schindlers pursue lawsuit against Michael Schiavo, accusing him of committing perjury by saying his wife did not want to be kept on life support.
_ April 30, 2001: Lawyers for Michael Schiavo file emergency motion with appellate court asking it to order removal of Terri's feeding tube.
_ July 11, 2001: 2nd District Court of Appeal sends case back to Judge Greer.
_ July 18, 2001: Schindlers ask Greer to let their doctors evaluate Terri before making a final decision on removing the feeding tube.
_ Aug. 10, 2001: Greer denies the Schindlers' evaluation request, as well as their request to remove Michael Schiavo as guardian.
_ Sept. 26, 2001: Schindlers' attorneys argue before 2nd District Court of Appeal, citing testimony from seven doctors who say Terri can recover with the right treatment.
_ Oct. 3, 2001: 2nd District Court of Appeal delays removal of feeding tube indefinitely.
_ Oct. 17, 2001: 2nd District Court of Appeal rules that five doctors can examine Terri to determine whether she has any hope of recovery. Two doctors are picked by the Schindlers, two are picked by Michael Schiavo and one is picked by the court.
_ Feb. 13, 2002: Mediation attempts fail; Michael Schiavo again seeks to be allowed to remove Terri's feeding tube.
_ Oct. 12, 2002: Weeklong hearing begins in the case. Three doctors, including the one appointed by the court, testify that Terri is in a persistent, vegetative state with no hope of recovery. The two doctors selected by the Schindlers say she can recover.
_ Nov. 12, 2002: The Schindlers' attorney says medical records suggest Terri's condition may have been brought on by physical abuse, and asks for more time to get more evidence.
_ Nov. 22, 2002: Judge Greer rules that there is no evidence that Terri has any hope of recovery and orders feeding tube to be removed Jan. 3, 2003.
_ Dec. 13, 2002: Judge Greer stays order to remove feeding tube on Jan. 3 until the 2nd District Court of Appeal reviews the case.
_April 4, 2003: Schindlers' attorneys ask Second District Court of Appeal panel to "err on the side of life" and overturn Greer's ruling.
_June 6, 2003: 2nd District Court of Appeal upholds Greer's ruling.
_July 15, 2003: The 2nd District Court of Appeal refuses to rehear the case.
_Aug. 22, 2003: The Florida Supreme Court declines to hear case.
_Sept. 2, 2003: Schindlers take case to federal court seeking judicial intervention.
_Sept. 17, 2003: Judge Greer sets Oct. 15 date for removal of tube.
_Oct. 3, 2003: Attorney General Charlie Crist says he won't get involved in case.
_Oct. 7, 2003: Gov. Jeb Bush files a federal court brief urging Terri Schiavo be kept alive.
_Oct. 10, 2003: U.S. District Judge Lazzara rules he does not have jurisdiction to intervene in case.
_Oct. 13, 2003: Protesters and Schindler family begin 24-hour vigil at Pinellas Park hospice where Terri Schiavo lives.
_Oct. 14, 2003: 2nd District Court of Appeal again refuses to block tube removal; Schindler attorneys declare legal options exhausted.
_Oct. 15, 2003: Doctors remove feeding tube; Bush pledges to search for possible legal options to resume feedings.
_Oct. 17, 2003: Two state courts reject the Schindler's request to reinsert the feeding tube.
_Oct. 20, 2003: The Florida House of Representatives votes to give governor the power to issue a stay in the feeding tube dispute.
_Oct. 21, 2003: The Senate and House agree on legislation allowing Bush to intervene. He signs the bill, then issues an order to reinsert the tube. Morton Plant Hospital begins rehydrating Terri Schiavo, six days after her feeding tube was removed. A judge rejects a request by her husband's attorney to temporarily restrain the governor's order.
_May 6, 2004: Circuit Judge W. Douglas Baird rules the law allowing Bush to intervene is unconstitutional. The governor's attorneys file an appeal.
The irony is that the main reason she hasn't improved, and is therefore considered unworthy to live, is because Michael hasn't even given her the chance to improve because he's misappropriated her therapy money instead to legal fees to end her life.
Unbelievable.
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