Florida Court: Comatose Woman Has Right to Die
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TALLAHASSEE, Fla. – Dealing a defeat to Governor Bush, the Florida Supreme Court yesterday struck down a law that was rushed through the Legislature last fall to keep a severely brain-damaged woman hooked to a feeding tube.
The seven-member court unanimously said Mr. Bush and lawmakers improperly tried to pull an end run around the court system in the case of Terri Schiavo, who has been at the center of a long and bitter right-to-die dispute that pits her husband against his in-laws.
As early as 2000, lower courts had ruled that Mr. Schiavo could have his wife’s feeding tube removed. But last October, the Legislature passed “Terri’s Law” to override the courts, and Mr. Bush quickly invoked it to order the tube reinserted, six days after it had been withdrawn.
George Felos, Mr. Schiavo’s attorney, said no attempt to remove the tube would be made until the ruling becomes final. That could be weeks if Mr. Bush’s attorneys asks the court for a rehearing.
Mr. Felos said Mr. Schiavo was happy with the ruling and is determined to carry out his wife’s wishes.
“Mr. Schiavo made a promise to his wife like many of us do,” Mr. Felos said. “He promised he would not keep her alive artificially, and he’s going to keep his promise.”
Yesterday’s ruling gives the governor 10 days to ask for a rehearing, and an attorney for Mr. Bush said he may appeal to the U.S. Supreme Court. Either action could stop, at least temporarily, any attempt to remove the tube.
Mr. Bush disagreed with the outcome. “I’m disappointed for the moral reasons of the taking of innocent life without having – I don’t think – a full hearing on the facts of what her intent was,” the governor said. He noted that it can take the courts 20 or 25 years to review death sentences.
The woman’s brother, Robert Schindler Jr., said the family found the court’s ruling “disappointing and troubling.” But he added: “We’re motivated by our love for Terri, and we’re going to try to stay strong and find some way to save my sister.”
Ms. Schiavo suffered brain damage 14 years ago when her heart temporarily stopped beating because of an eating disorder.
