The Florida Supreme Court ruled Sept. 23 that the law passed to restore Terri Schiavo’s feeding tube is unconstitutional and violates the separation of powers between the judicial, legislative and executive branches of the state government.
“Terri’s Law,” passed by the Florida Legislature in 2003 and immediately signed into laws by Gov. Jeb Bush, allowed Bush to over ride a lower court’s decision that Schiavo’s husband, Michael, could have the tube removed, presumably allowing Terri Schiavo to die. In its unanimous ruling, the state’s highest court said the Florida Legislature improperly delegated power to the governor.
“We recognize the tragic circumstances underlying this case make it difficult to put emotions aside and focus solely on the legal issue presented,” wrote Chief Justice Barbara Pariente, author of the opinion. “We are not insensitive, to the struggle that all members of [Schiavo’s] family have endured since she fell unconscious in 1990. However, we are a nation of laws and we must govern our decisions by the rule of law and not by our own emotions.”
Advocated for Schiavo called the decision “nothing less than a death sentence.” They say the rule of law should protect the disabled woman’s life, and that her case represents a frightening wave of intolerance toward those with severe disabilities. Schiavo has been in what doctors have described as a “permanent vegetative state” since 1990, when she collapsed and suffered brain damage from a previously undiagnosed medical condition.
It was not immediately clear whether Bush will go to federal court to attempt to appeal the ruling, or how soon Schiavo’s feeding tube might be removed. The court did give each side in the dispute 10 days to ask for a rehearing in the case.
(ABP, BP)
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