"I know this sounds absurd but Michael Schiavo is going to argue that keeping Terri alive (against her wishes) is a form of punishment and thus the ex post facto problem persists."
You sure about that? Doesn't Terri need to be convicted of something (besides being disabled) or at least in some stage of the criminal process? That sounds like a frivolous legal argument to me.
It's Florida. They gave Hugh Rodham a license to practice law. Frivolous legal arguments rule the day. We have known since Elian what a legal cesspool the state is. I am just telling you what Michael Schiavo (we need a good freeper nickname for this POS) will argue.
No, the feds have said that ex post facto applies only in criminal matters, not "civil" ones.