Fla. Court Nixes Law Keeping Woman Alive

September 23, 2004

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Thu, 23 Sep 2004 08:57:48 -0700

*Fla. Court Nixes Law Keeping Woman Alive*

*Thursday September 23, 2004 4:46 PM*

TALLAHASSEE, Fla. (AP) - The Florida Supreme Court on Thursday struck

down a law that was rushed through the Legislature last fall to keep a

severely brain-damaged woman hooked up to a feeding tube against her

husband's wishes.

The unanimous court said the law that kept Terri Schiavo alive

violated the separation of powers between the judicial branch and the

legislative and executive branches.

Lower courts had ruled that Michael Schiavo could have the tube

removed, but the Legislature passed the law to overrule the courts.

Gov. Jeb Bush then used the law to order the tube reinserted. The

court's decision came just a weeks after oral arguments.

Terri Schiavo, who lives in a Clearwater nursing home, can breathe on

her own but relies on a feeding and hydration tube to live. Courts

have concluded she is in a ``persistent vegetative state,'' but

maneuvering over her fate has produced a closely watched right-to-die

fight.

The 40-year-old woman left no written instructions before suffering

brain damage when her heart stopped beating 14 years ago. But in

Florida a person's wishes must be honored even if they are expressed

orally.

Schiavo's parents disagree with their son-in-law about her wishes,

insisting their daughter wanted to live and could be helped with

therapy. Courts have generally sided with Michael Schiavo, but parents

Bob and Mary Schindler have won stays that have kept their daughter alive.

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