Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies
WILLIAM R. LEVESQUEIn a motion, Gov. Jeb Bush says the Supreme Court's ruling could undermine laws that give him broad discretion.
Gov. Jeb Bush's attorneys asked the Florida Supreme Court Monday to reconsider its ruling striking down Terri's Law, which allowed the governor to force the reinsertion of Terri Schiavo's feeding tube.
In a motion asking the court to reverse its unanimous Sept. 23 decision, Bush said the decision could lead to an interpretation of law "that will throw the operation of state government into disarray."
"The Florida Legislature has passed numerous laws giving governors broad discretion in specific circumstances," Bush said in a written statement. "The Court's ruling could call those laws into question, and may limit the Legislature's ability to govern."
In the motion, Ken Connor, Bush's lead attorney, said the court denied Bush his due process rights by not allowing the governor to collect evidence so he could defend the constitutionality of the law.
"The protection of vulnerable persons with disabilities requires that all three branches of government remain vigilant in defense of their rights," the motion said.
Attorneys for Michael Schiavo, who has waged a six-year battle to remove his wife's feeding tube saying she would not want to live by artificial means, denounced the motion as a delay tactic.
"You've got to be kidding?" said Howard Simon, executive director of the American Civil Liberties Union of Florida. The ACLU represents Michael Schiavo with local counsel George Felos.
"I don't think there is the slightest chance in the world that a Supreme Court that contained two of the governor's own appointees, a court that rendered a unanimous decision rebuking him and the Legislature for exercising power they don't constitutionally possess would ever agree to reconsider the decision," Simon said.
Terri Schiavo's parents, Bob and Mary Schindler, could not reached for comment on the motion, which was filed at 4:48 p.m. or just 12 minutes before the court's deadline for filing it.
Michael Schiavo's attorneys have five days to respond.
Connor could not be reached for comment Monday. The governor's motion said the Supreme Court decision was flawed in numerous ways.
It says that the court accepted as true allegations made in Terri Schiavo's guardianship case, a court case the governor wasn't party to.
For example, Bush noted that the first sentence of the Supreme Court's ruling last week said Schiavo was in a persistent vegetative state. But Bush said he wasn't allowed to present any evidence relating to her condition or other facts about the case.
The motion also says that the Supreme Court's ruling calls into question other executive powers enjoyed by the governor. For instance, the motion says, Bush can order Department of Criminal Justice Investigations and Forensic Science to investigate suspected violations of state law.
"I respect the role and judgment of the Florida Supreme Court," Bush said in his statement. "Its decisions on complex issues have long-term, far-reaching consequences for all Floridians. For this reason, we have asked the court for clarification of its recent ruling."
Terri's Law, adopted by state lawmakers last year, enabled Bush to order doctors to reinsert Schiavo's feeding tube six days after it been removed based on a court order.
Schiavo, 40, has been in what some doctors call a persistent vegetative state since 1990, when she collapsed from a suspected chemical imbalance that may have been related to an eating disorder. She lives at a Clearwater nursing home.
Michael Schiavo says his wife, who left no living will, made statements during her life indicating she would not want to be kept alive by artificial means. Her parents dispute that.
The Schindler's face a dwindling number of legal options to stop the court from once again ordering the removal of their daughter's feeding tube.