Posted on 06/01/2004 5:09:17 PM PDT by tbritton
Florida Supreme Court asked to hear 'Terry's Law' appeal
An appeals court moved Tuesday to put the legal battle over the fate of a brain-damaged woman on the fast track to the Florida Supreme Court while attorneys for Gov. Jeb Bush responded with a request to halt the case.
The 2nd District Court of Appeal granted a motion from attorneys for Michael Schiavo to send the case directly to the Florida Supreme Court and bypass a lower-court review. Meanwhile, attorneys for Bush filed a motion to halt all appeals until the issue of whether Michael Schiavo has the authority to fight the governor on his wife's behalf is resolved.
Michael Schiavo has sued the governor, challenging an October law which allowed Bush to order the reinsertion of Terri Schiavo's feeding tube six days after her husband had it removed. Michael Schiavo contends his 40-year-old wife, who has been in a persistent vegetative state for more than a decade, does not want to be kept alive artificially.
"As this case progresses, we continue to stress the importance of following the procedural safeguards at each step of the process to insure the resolution is the result of a thorough and deliberate review," the governor's office said in a statement.
The law was designed to address concerns that Terri Schiavo's wishes had not adequately been evaluated and the interests of her guardian may conflict with her own, the statement said.
Michael Schiavo is arguing the law is unconstitutional because it violates Terri Schiavo's right to privacy and the separation of powers. The governor has defended his action, saying the law allows for another level of protection for disabled adults, especially in a case where the patient's family is at odds over her wishes.
George Felos, the attorney for Michael Schiavo, had argued that the constitutionality of the new "Terri's Law" needed to be decided by the state's high court because of the gravity of the issue.
Felos said he was pleased with the court's action to move the case forward and said the governor's action has had a chilling effect on families who face end-of-life issues.
"Families in Florida need to know that police and the governor are not going to be knocking on their door if they decide to remove a feeding tube in accordance with the patients' wishes," Felos said.
Terri Schiavo's parents contend their daughter is not in a persistent vegetative state and recognizes them, cries and laughs. Bob and Mary Schindler said their daughter had no such end-of-life wishes before her collapse in 1990.
The Florida Supreme Court does not have to immediately take the case and can tell the lower court to hear it and issue a ruling before deciding whether to hear the matter.
In its order, the Lakeland appeals court said the matter should be decided by the supreme court because if is "of great public importance and has a great effect upon the proper administration of justice throughout the state."
Last week, the governor's attorneys had objected to sending the case directly to the high court, saying there were essential facts still in dispute.
The governor's office has pushed for permission to gather evidence in the case and wants to have a trial on whether Terri Schiavo ever had expressed wishes not to be kept alive artificially.
Terri Schiavo did not have a living will when she collapsed from a potassium imbalance brought on by an eating disorder and suffered severe brain damage.
In a separate matter filed Tuesday, Bush's attorneys asked the 2nd District Court of Appeals to stop the proceedings while the Schindlers challenge Michael Schiavo's handling of his wife's care.
Pat Anderson, an attorney for the Schindlers, is challenging Michael Schiavo's capacity to represent his wife's interest in the case against the governor.
"If he doesn't have the authority to act, he has no right to sue the governor," Anderson said.
The Schindlers were able to visit their daughter for the first time in nearly two months this weekend, Anderson said. She said Terri Schiavo responded to her family's presence by starting to cry when her sister kissed her.
Michael Schiavo had kept his in-laws away from his wife while police investigated marks found on her arm after a previous visit. Police said they found no signs of abuse.
I hope they will send it back to the appeals court and tell them to do their job.
If the governor can make a motion to pardon a violent criminal from death penalty, can't he make one to save an innocent but crippled life?
I dont get it.
Poor Terri. Every time I think that she just can't get a break I then have to remember that she's still here .
Look with mercy upon the merchants of death ... may their stony hearts be turned into flesh and blood ... may they respond to the call for repentance, for You are not willing that any should perish. Break the chains that bind our beloved Terri, for we are powerless before the onslaught, but nothing is impossible for You, O God. Let Your mighty Name be known throughout the court rooms ... let Your wisdom be evident in rulings ... let Your love and mercy set Terri free ... in the Name of Jesus, I pray, Amen ...
Who hears and decides on this motion?
Joining all in prayers on Terri's behalf and for her legal team and allies to be blessed by God with all wisdom and knowledge and discernment in their actions. Thanks to all who are working for Terri and her family, despite the heartbreaking nature of this task.
Goodnight, all. You are not alone or forgotten, Terri.
God bless Terri and her real family. This doesn't look good but it ain't over yet. She's still alive.
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