Law to keep brain-damaged woman alive ruled unconstitutional (Baird Rules Against Terri)

Sun-Sentinel ^ | May 6 2004

[nickcarraway]

TAMPA -- A 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.

[KDubRN]

(As an aside, if she can be denied food and water, can she also be denied oxygen?)

According to FL law, yes. Along with aerosol treatments, IV lines, and just about any type of medical intervention, except medication administration, as that is specifically addressed in the law as not constituting medical treatment.

This is state sponsored euthanasia, and it is being shoved down our throats in the name of right to choose, death with dignity, and right to privacy.

[floriduh voter]

BAIRDY BOY HAS NEVER HEARD OF CHECKS AND BALANCES so that one branch cannot exert unwielding authority such as over the Executive Branch or the Legislative Body.

"Baird ruled that the law not only violates Terri Schiavo's privacy rights, but also is a violation of the separation of powers prohibiting one branch of government from interfering with another's duties. In this case, Braid ruled, Bush had no right to overrule years of court litigation that led to the courts' decision to remove the feeding tube.

[floriduh voter]

ALAN KEYES EMAIL ADDRESS: editor@renewamerica.us.

Ambassador Keyes knows the background information on Terri. Maybe he could go on national television and talk about her right to life.

[BykrBayb]

Terri was not only denied food and hydration via a feeding tube. She was denied the right to consume food and water - period. Isn't that the equivalent of denying her the right to inhale, assisted or unassisted? If her supply of food and water can be cut off, that's no different from cutting off her supply of air. It's just slower and more painful.

[summer]

Well, Gov Bush's office appealed, so, we'll have to wait and see...

[phenn]

George, Baby. Your 15 minutes are long since up. Why don't you go make a few hundred thousand off of someone else's hardships for a change?

[floriduh voter]

HERE'S YOUR OPPORTUNITY TO COMPLAIN ABOUT THE CITY OF CLEARWATER WHO WANT TO WIN "All American City". It's an award for excellence in Civil Rights.....but NOT IF YOUR'RE TERRI. She's FLORIDA'S MODEL PRISONER.

CLEARWATER, FLORIDA, ALL AMERICAN "PITY". If Clearwater wants good PR, we can deliver to them bad PR. Shame on them is the way I see it. They don't deserve to be all american city.

Here are the contact numbers:

City of Clearwater Press Relations: DOUG MATTHEWS #727-562-4661 (RUIN HIS WEEKEND, FILL HIS VOICEMAIL BOX.)

National Civil League web site: www.ncl.org with a special section on the Top 30 Cities in the Running.

EMAIL FOR NCL: gchandler@ncl.org

[KDubRN]

It is murder, painful, slow and inhumane

[floriduh voter]

He's switched to his black wardrobe. Is Georgie trying to control our minds? I wonder if he's crashed any airplanes lately with his little mind. WHY DID THESE EVIL PEOPLE SETTLE IN MY COUNTY? It really disgusts me!!!!!!

BOYCOTT DUNEDIN, FLORIDA, home of GEORGE FELOS, HINO's mouthpiece.

[BykrBayb]

And one more thing - no it is not legal to deprive a person of food and hydration, except under certain circumstances, as clearly defined by law. A person who is deemed to fit the legal definition of Persistent Vegetative State (PVS) may be deprived of food and hydration, under certain circumstances. The law clearly defines the legal definition of PVS. Every single doctor, even the ones bribed by MS, all agree that Terri's condition does not fit the legal definition of PVS. The circumstances under which the law allows a person with PVS to be deprived of food and hydration require that there be a written directive, or clear and convincing evidence that the patient made a statement to that effect in front of witnesses. Nobody, not even MS, claims that there were any witnesses to her alleged statements. There is clear and convincing evidence that Terri would never have made such a statement. There is no legal basis for depriving Terri of food and/or hydration.

[Theodore R.]

But the Circuit Court has said that the lower ruling of dehydration and death will stand on earlier occasions. I don't see how the appeal can prevail considering the liberal and "bipartisan" complexion of the FL courts.

[L.N. Smithee]

Should I be unable to speak for myself, she and not the court, the church, or the state or anyone else (other than God) is empowered to decide the manner of my death.

You haven't been paying attention to this case. Educate yourself.

[floriduh voter]

The trolls are back from hibernation. I say to myself, why does this have to be a legal matter? WHY CAN'T THIS BE TAKEN TO U.S. CONGRESS? The judges can't or won't handle Terri's cases impartially - Only the U.S. Constitution and the Bill of Rights will save her if Terri's Law in Florida is unconstitutional.

Little comfort that HIMO's attorney was on tv tonight saying they wouldn't rip out the feeding tube "right away". Doesn't that make us feel better now? A kinder, gentler, mouthpiece GEORGE FELOS.

[deannadurbin]

How can men in black robes who have never met Terri decide her fate? Ridiculous!

[phenn]

GRETA TONIGHT!

Sorry for last minute. Ken Connor and George Felos will be on Greta van Susteren tonight, discussing this. 10.00pm ET (GMT-5)

[Future Useless Eater]

`

[fiesti]

No wonder I've been feeling sick to my stomach today!

I had that God awful feeling in my stomack too. This is their sick Mothers Day present for mrs Scindler.....My fear that the tube was to be pulled immeditely.....The abuse Terri is going through now in isolation from all her family will be enough to kill her in time...they won't need to pull her tube they are raising a fuss on TV about all abuse in Iraq...What about right here under our nose in the USA and nobody's doing a thing about it...Doesn't this whole situtation make you feel unsafe of our own government....Somebody could stop it and give Terri back to her parents IF they really wanted to

[Future Useless Eater]

Terri Schiavo segment on GRETA TONIGHT!

[Future Useless Eater]

Per FoxNews...

Judge Rules Schiavo Law Unconstitutional

DUNEDIN, Fla. — A law pushed through by Gov. Jeb Bush (search) to keep a severely brain-damaged woman alive was struck down by a Florida judge Thursday in the latest turn in one of the nation's longest and most bitter right-to-die cases.

The governor's office filed an immediate appeal.

Circuit Judge W. Douglas Baird ruled Terri's Law, named after Terri Schiavo (search), is unconstitutional because it violates the disabled woman's right to privacy and delegates legislative power to the governor.

The law was passed in October, just days after the removal of a feeding tube that has helped keep Schiavo alive for more than a decade. Bush immediately invoked the new law to order the feeding tube reinserted.

The tube will remain in place while the governor pursues his appeal.

Schiavo's husband, Michael, has fought a long court battle to remove the feeding tube and carry out what he said were his wife's wishes not to be kept alive artificially. The dispute has pitted him against his in-laws, Bob and Mary Schindler, who say her condition could improve.

Baird said Terri's Law (search) improperly gives the governor "unbridled discretion" and interferes with Terri Schiavo's right to make her own medical decisions.

The judge said Terri's Law "in every instance, ignores the existence of this right and authorizes the governor to act according to his personal discretion."

He said the governor failed to spell out any compelling state interest that would be adequate to override Schiavo's rights.

"It is profoundly disappointing 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."

Bush, who was in Washington, D.C., on Thursday, declined interview requests from The Associated Press.

Bob Schindler lashed out at Baird, saying county judges "have displayed an utterly cavalier attitude and a complete disregard for the rule of law."

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," he said.

Both sides said the case could go before the Florida Supreme Court.

Terri Schiavo, 40, was left severely brain damaged more than 14 years ago after her heart stopped because of a chemical imbalance brought on by an eating disorder. She left no written directive about her wishes if she were ever incapacitated.

Several right-to-die cases across the nation have been fought in the courts in recent years, but few, if any, have been this drawn-out and bitter. The tangled legal fight between Michael Schiavo and his in-laws has been heard by at least 20 judges in at least six courts.

The 2nd District Court of Appeal has previously upheld Michael Schiavo's legal quest to remove the tube.

The governor's attorneys have defended Terri's Law, saying it creates an additional layer of protection for a disabled woman who left no record of her wishes and whose husband has a conflict of interest in wanting to end her life.

"The governor believes very strongly that this statute is constitutional and there are a variety of compelling state interests here. The first is the protection of innocent life," Connor said.

Michael Schiavo is engaged to another woman with whom he has two children. At one point in the case, he stood to inherit hundreds of thousands of dollars from a medical trust fund that paid for his wife's care; the money has largely been depleted through legal bills.

Bush's decision to intercede in the case brought criticism from Democrats and accusations that the Republican was pandering to anti-abortion conservatives.

[floriduh voter]

Greta tonight.... PING YOUR LISTS IF YOU HAVE ONE. Fox News Channel 10:00 PM est. Jeb's attorney and HINO's mouthpiece.