The Florida Supreme Court will decide the fate of "Terri's Law" in a move that bypasses the 2nd District Court of Appeal.
By WILLIAM R. LEVESQUE
Published June 17, 2004
ST. PETERSBURG - The Florida Supreme Court agreed Wednesday to decide whether a controversial state law that extended the life of Terri Schiavo is constitutional, bypassing a lower appeals court.
In a 4 to 3 vote, the high court accepted jurisdiction of the case involving "Terri's Law." The law was passed by state legislators last October and allowed Gov. Jeb Bush to order the reinsertion of the feeding tube that was sustaining Mrs. Schiavo's life.
Attorneys for Mrs. Schiavo's husband, Michael Schiavo, said the decision by the Supreme Court to bypass the 2nd District Court of Appeal probably will shave as much as 10 months from the appeals process.
"We're very pleased," said George Felos, Michael Schiavo's lead attorney. "This case is not just about Terri Schiavo. This law has a chilling effect over Floridians making end-of-life choices for their loved ones."
Jacob DiPietre, a spokesman for Bush, said, "We look forward to making our case to the Supreme Court about why the Legislature and the governor should partner with the courts in protecting our most vulnerable citizens."
A Pinellas-Pasco circuit judge ruled in May that the law was unconstitutional. His order was quickly appealed to the 2nd DCA, which recommended earlier this month that the high court take the case.
The Supreme Court can accept jurisdiction of appeals, bypassing the lower appeals court, on issues of great public importance that require immediate resolution, Felos said.
"Nobody in their right mind doesn't believe it was going to the Florida Supreme Court anyway," said Howard Simon, executive director of the American Civil Liberties Union of Florida, which also represents Michael Schiavo.
Oral arguments were scheduled for Aug. 31, and the court emphasized that no continuance would be granted unless lawyers could demonstrate an "extreme hardship."
DiPietre said the governor hopes the Supreme Court will consider postponing proceedings in the case until other issues are resolved by a Pinellas-Pasco probate judge who is considering a motion to remove Michael Schiavo as his wife's guardian.
Schiavo sued Bush when his wife's feeding tube was reinserted after it had been removed for six days. His lawyers argue the law violates Mrs. Schiavo's right to privacy and other provisions of the Florida Constitution.
But Bush's attorneys said the law is necessary to provide an extra layer of protection for a disabled adult who cannot protect herself.
Mrs. Schiavo, 40, has been in what her husband says is a vegetative state since she suffered cardiac arrest on Feb. 25, 1990. Doctors think she suffered a chemical imbalance that may have been related to bulimia.
Schiavo says his wife, who he contends cannot recover, would not want to be kept alive artificially. Her parents, Bob and Mary Schindler, disagree and have waged a bitter court battle to keep her alive.
A Pinellas-Pasco circuit judge sided with Michael Schiavo in 2000.
