Florida Supreme Court: Terri's Law Void

TERRI SCHIAVO CASE

Court: Terri's Law ruling stands
Refuses Jeb Bush's Appeal of Unanimous Decision

BY GAIL EPSTEIN NIEVES, Fri, Oct. 22, 2004
gepstein@herald.com

The Florida Supreme Court on Thursday declined a
request from Gov. Jeb Bush to reconsider its decision
striking down Terri's Law, a state statute written to
save the life of a severely brain-damaged woman.

Exactly one year earlier, Bush had ordered a feeding
tube reattached to Terri Schiavo after lawmakers
granted him the unprecedented power to defy a court ruling.

But last month, in a 7-0 ruling, the state's high court
said legislators overstepped their legal authority and
violated the "cornerstone of American democracy" when
they passed Terri's Law.

Bush's attorney asked the court for a rehearing, which
was rejected in a one-page ruling issued Thursday in Tallahassee.

It was unclear what action the governor might take
next, or whether other legal proceedings could prevent
Michael Schiavo from having food and water withheld
from his 40-year-old wife.

"Our lawyers are looking at the legal options before
us," said Bush spokeswoman Jill Bratina. "We will be
looking to make a decision on our next step very soon,"
possibly today.

One possibility: a Bush appeal to the U.S. Supreme Court.

But George Felos, an attorney for Michael Schiavo, said
simply filing for such a review would not bar his
client from moving ahead.

MUST SEEK A 'STAY'

Bush would have to win a "stay", or a temporary halt in
action, and Felos called the chances of that "very
slim" for two reasons: The nation's highest court
previously declined to take up the case, and the
Florida Supreme Court's decision relied on the Florida
Constitution, not on federal law.

Felos said his office should receive official notice of
Thursday's Florida Supreme Court ruling today.

At that point, he said, "it's our position that Mr.
Schiavo has the immediate legal authority to remove
Terri's tube."

Schiavo's parents are still fighting to have Michael
Schiavo removed as Terri Schiavo's legal guardian.

They are also trying to overturn the ruling that
allowed Terri's feeding tube to be removed, arguing
that it would violate her Catholic faith.

Felos said that since a ruling in the faith-based case
is expected today, he and Michael Schiavo will wait to
review it before they make any decisions about how to proceed.

In its Sept. 23 ruling, the Florida Supreme Court said
it could not ignore that Terri's Law was an attempt by
lawmakers to overrule a lower court decision that
allowed Michael Schiavo to remove his wife's feeding tube.

The court said that such a move violated the separation
of powers among the judicial, legislative and executive
branches and that the Florida Legislature improperly
delegated power to the governor to decide whether to
reinstate the feeding tube.

NO HOPE

Michael Schiavo won court approval last year to remove
the tube after doctors testified his wife, who is in a
Clearwater nursing home, is in a persistent vegetative
state with no hope of recovery.

When the tube was taken out, the Legislature, during a
special session, quickly passed Terri's Law, which gave
Bush the power to intervene. He ordered the feeding
tube reinserted six days after Michael Schiavo had it removed.

Michael Schiavo sued Bush, and, in May, a judge
declared Terri's Law unconstitutional, saying it
violated the separation of powers.

Pinellas Circuit Judge Douglas Baird also ruled that
the law violated Terri Schiavo's privacy rights because
it allowed the state to order medical treatment against
her wishes.
--
LP

"We are fighting today for security, for progress,
and for peace, not only for ourselves but for all
men, not only for one generation but for all
generations. We are fighting to cleanse the world
of ancient evils, ancient ills."

Franklin Delano Roosevelt
State of the Union Address - 1942

On Fri, 22 Oct 2004, LeMod Pol wrote:

> Bush's attorney asked the court for a rehearing,

Ch-CHING!

> "Our lawyers are looking at the legal options before
> us," said Bush spokeswoman Jill Bratina.

Ch-CHING!

> One possibility: a Bush appeal to the U.S. Supreme Court.

Ch-CHING!

How many more taxpayer dollars will be funnelled to a few lawyers by
Bush?

"Daniel J. Stern" wrote:
>
> On Fri, 22 Oct 2004, LeMod Pol wrote:
>
> > Bush's attorney asked the court for a rehearing,

Which was rejected in a one-page decision.
After all their last ruling was 7-0
> Ch-CHING!
>
> > "Our lawyers are looking at the legal options before
> > us," said Bush spokeswoman Jill Bratina.

They will have to strain hard to find any option but quit.
In their previous attempt, the FL Supreme Court said
nothing about Schiavo. Instead they slammed Jeb and the
legislature for superceding their powers.

> Ch-CHING!
>
> > One possibility: a Bush appeal to the U.S. Supreme Court.

Not very likely - if they try, it will not likely last
longer than a snowball in a blast furnace
> Ch-CHING!
>
> How many more taxpayer dollars will be funnelled to a few lawyers by
> Bush?

Remember that is Gov Jeb Bush --- not the pres
He's the one that said he's not running in '08.
Do you think he is afraid of Hillary??

Castro looks literally on his last legs (see today's
Miami Herald). Maybe jebby is looking for Castro's job <G>
--
LP

"We are fighting today for security, for progress,
and for peace, not only for ourselves but for all
men, not only for one generation but for all
generations. We are fighting to cleanse the world
of ancient evils, ancient ills."

Franklin Delano Roosevelt
State of the Union Address - 1942

On Fri, 22 Oct 2004, LeMod Pol wrote:

> > How many more taxpayer dollars will be funnelled to a few lawyers by
> > Bush?
>
> Remember that is Gov Jeb Bush

I'm aware of that.

"Daniel J. Stern" wrote:
>
> On Fri, 22 Oct 2004, LeMod Pol wrote:
>
> > > How many more taxpayer dollars will be funnelled to a few lawyers by
> > > Bush?
> >
> > Remember that is Gov Jeb Bush
>
> I'm aware of that.
just checkin' <G> other readers might not
--
LP

"We are fighting today for security, for progress,
and for peace, not only for ourselves but for all
men, not only for one generation but for all
generations. We are fighting to cleanse the world
of ancient evils, ancient ills."

Franklin Delano Roosevelt
State of the Union Address - 1942

Pinellas judge denies new trial to determine Terri
Schiavo wishes

by VICKIE CHACHERE

TAMPA, Fla. - A judge Friday refused to order a new
trial to determine whether Terri Schiavo would want to
be kept alive artificially, as Gov. Jeb Bush said in a
court filing that he plans to take the case to the U.S.
Supreme Court.

Pinellas Circuit Court Judge George Greer refused the
new trial, but also ordered that the feeding tube for
the severely brain-damaged woman remain in until at
least Dec. 6 to let attorneys for her parents appeal
his ruling.

Bush is seeking a separate stay while his attorneys
appeal part of the massive, years-long legal battle to
the U.S. Supreme Court in the next 15 days. The
governor said in his filing to the Florida Supreme
Court that he believed Michael Schiavo intended to
remove his wife's feeding tube "as quickly as possible.".

The governor's office said that they are seeking a
separate stay because there are two legal battles
surrounding Terri Schiavo's life: the one between her
parents and her husband and the one between the
governor and Michael Schiavo over the constitutionality
of the governor's involvement in the case.

George Felos, Michael Schiavo's attorney, said he
welcomed the ruling against a new trial but said he
disagreed with the seven-week stay now in place.

"She has a right, and she has had a right, to have her
constitutional rights implemented," Greer said. "Just
further delay is inappropriate."

David Gibbs, attorney for Bob and Mary Schindler, said
Greer's ruling on the religious issue would be appealed
and that the Schindlers were grateful for the stay.

"We are aggressively pursuing all the options with the
ultimate goal of having Terri's life spared," Gibbs said.

"They (the Schindlers) were very pleased with the stay
because it removed a cloud of fear and uncertainty.
They can sleep well tonight and breathe a sigh of relief."

Michael Schiavo told Greer in a trial in 2000 that his
wife had made statements that she would never want to
be kept alive artificially. Greer said that as
guardian, Schiavo could speak for his wife.

The Schindlers asked Greer for the new trial to
determine if their daughter, a practising Roman
Catholic before she collapsed 14 years ago, would still
choose to have her feeding tube removed based on recent
statements by Pope John Paul II regarding people in
vegetative states.

The pope stated at a conference in Rome in March that
people in vegetative states still have the right to
nutrition and health care.

Bush intervened in the case in October 2003 when he
signed into a new law requiring Terri Schiavo's feeding
tube be reinserted six days after her husband had
doctors remove it.

That created a second legal battle between the governor
and Michael Schiavo which culminated with the Florida
Supreme Court last month declaring 7-0 that "Terri's
Law" was unconstitutional. On Thursday, the state's
high court declined a request from Bush to reconsider.

In his Friday order, Greer said that the 2nd District
Court of Appeals had previously ruled that it would
take "significant new evidence" or a "substantial
change in circumstances" to revisit the issue of
whether Terri Schiavo, 40, would want to be kept alive artificially.

When Greer ruled in 2000 that Michael Schiavo could
disconnect his wife's feeding tube, the judge heard
testimony about Terri Schiavo's religious upbringing
and later the appeals court ruled that although Terri
Schiavo had been raised Catholic, she did not regularly
attend mass or have a religious adviser who could
assist the court in determining her religious attitude
about life-support.

Greer said the Pope's latest statements are consistent.

"Nothing has changed," Greer wrote in the ruling.
"There is nothing new presented regarding Terri
Schiavo's religious attitude and there is still no
religious adviser to assist this or any other court in
weighing her desire to comply with this or any other
papal pronouncement."

Copyright 2004 Knight Ridder
--
LP

"We are fighting today for security, for progress,
and for peace, not only for ourselves but for all
men, not only for one generation but for all
generations. We are fighting to cleanse the world
of ancient evils, ancient ills."

Franklin Delano Roosevelt
State of the Union Address - 1942

	#1
LeMod Pol	Florida Supreme Court: Terri's Law Void TERRI SCHIAVO CASE Court: Terri's Law ruling stands Refuses Jeb Bush's Appeal of Unanimous Decision BY GAIL EPSTEIN NIEVES, Fri, Oct. 22, 2004 gepstein@herald.com The Florida Supreme Court on Thursday declined a request from Gov. Jeb Bush to reconsider its decision striking down Terri's Law, a state statute written to save the life of a severely brain-damaged woman. Exactly one year earlier, Bush had ordered a feeding tube reattached to Terri Schiavo after lawmakers granted him the unprecedented power to defy a court ruling. But last month, in a 7-0 ruling, the state's high court said legislators overstepped their legal authority and violated the "cornerstone of American democracy" when they passed Terri's Law. Bush's attorney asked the court for a rehearing, which was rejected in a one-page ruling issued Thursday in Tallahassee. It was unclear what action the governor might take next, or whether other legal proceedings could prevent Michael Schiavo from having food and water withheld from his 40-year-old wife. "Our lawyers are looking at the legal options before us," said Bush spokeswoman Jill Bratina. "We will be looking to make a decision on our next step very soon," possibly today. One possibility: a Bush appeal to the U.S. Supreme Court. But George Felos, an attorney for Michael Schiavo, said simply filing for such a review would not bar his client from moving ahead. MUST SEEK A 'STAY' Bush would have to win a "stay", or a temporary halt in action, and Felos called the chances of that "very slim" for two reasons: The nation's highest court previously declined to take up the case, and the Florida Supreme Court's decision relied on the Florida Constitution, not on federal law. Felos said his office should receive official notice of Thursday's Florida Supreme Court ruling today. At that point, he said, "it's our position that Mr. Schiavo has the immediate legal authority to remove Terri's tube." Schiavo's parents are still fighting to have Michael Schiavo removed as Terri Schiavo's legal guardian. They are also trying to overturn the ruling that allowed Terri's feeding tube to be removed, arguing that it would violate her Catholic faith. Felos said that since a ruling in the faith-based case is expected today, he and Michael Schiavo will wait to review it before they make any decisions about how to proceed. In its Sept. 23 ruling, the Florida Supreme Court said it could not ignore that Terri's Law was an attempt by lawmakers to overrule a lower court decision that allowed Michael Schiavo to remove his wife's feeding tube. The court said that such a move violated the separation of powers among the judicial, legislative and executive branches and that the Florida Legislature improperly delegated power to the governor to decide whether to reinstate the feeding tube. NO HOPE Michael Schiavo won court approval last year to remove the tube after doctors testified his wife, who is in a Clearwater nursing home, is in a persistent vegetative state with no hope of recovery. When the tube was taken out, the Legislature, during a special session, quickly passed Terri's Law, which gave Bush the power to intervene. He ordered the feeding tube reinserted six days after Michael Schiavo had it removed. Michael Schiavo sued Bush, and, in May, a judge declared Terri's Law unconstitutional, saying it violated the separation of powers. Pinellas Circuit Judge Douglas Baird also ruled that the law violated Terri Schiavo's privacy rights because it allowed the state to order medical treatment against her wishes. -- LP "We are fighting today for security, for progress, and for peace, not only for ourselves but for all men, not only for one generation but for all generations. We are fighting to cleanse the world of ancient evils, ancient ills." Franklin Delano Roosevelt State of the Union Address - 1942

	#2
Daniel J. Stern	Re: Florida Supreme Court: Terri's Law Void On Fri, 22 Oct 2004, LeMod Pol wrote: > Bush's attorney asked the court for a rehearing, Ch-CHING! > "Our lawyers are looking at the legal options before > us," said Bush spokeswoman Jill Bratina. Ch-CHING! > One possibility: a Bush appeal to the U.S. Supreme Court. Ch-CHING! How many more taxpayer dollars will be funnelled to a few lawyers by Bush?

	#6
LeMod Pol	Pinellas judge denies new trial to determine Terri Schiavo wishes- WAS: Pinellas judge denies new trial to determine Terri Schiavo wishes by VICKIE CHACHERE TAMPA, Fla. - A judge Friday refused to order a new trial to determine whether Terri Schiavo would want to be kept alive artificially, as Gov. Jeb Bush said in a court filing that he plans to take the case to the U.S. Supreme Court. Pinellas Circuit Court Judge George Greer refused the new trial, but also ordered that the feeding tube for the severely brain-damaged woman remain in until at least Dec. 6 to let attorneys for her parents appeal his ruling. Bush is seeking a separate stay while his attorneys appeal part of the massive, years-long legal battle to the U.S. Supreme Court in the next 15 days. The governor said in his filing to the Florida Supreme Court that he believed Michael Schiavo intended to remove his wife's feeding tube "as quickly as possible.". The governor's office said that they are seeking a separate stay because there are two legal battles surrounding Terri Schiavo's life: the one between her parents and her husband and the one between the governor and Michael Schiavo over the constitutionality of the governor's involvement in the case. George Felos, Michael Schiavo's attorney, said he welcomed the ruling against a new trial but said he disagreed with the seven-week stay now in place. "She has a right, and she has had a right, to have her constitutional rights implemented," Greer said. "Just further delay is inappropriate." David Gibbs, attorney for Bob and Mary Schindler, said Greer's ruling on the religious issue would be appealed and that the Schindlers were grateful for the stay. "We are aggressively pursuing all the options with the ultimate goal of having Terri's life spared," Gibbs said. "They (the Schindlers) were very pleased with the stay because it removed a cloud of fear and uncertainty. They can sleep well tonight and breathe a sigh of relief." Michael Schiavo told Greer in a trial in 2000 that his wife had made statements that she would never want to be kept alive artificially. Greer said that as guardian, Schiavo could speak for his wife. The Schindlers asked Greer for the new trial to determine if their daughter, a practising Roman Catholic before she collapsed 14 years ago, would still choose to have her feeding tube removed based on recent statements by Pope John Paul II regarding people in vegetative states. The pope stated at a conference in Rome in March that people in vegetative states still have the right to nutrition and health care. Bush intervened in the case in October 2003 when he signed into a new law requiring Terri Schiavo's feeding tube be reinserted six days after her husband had doctors remove it. That created a second legal battle between the governor and Michael Schiavo which culminated with the Florida Supreme Court last month declaring 7-0 that "Terri's Law" was unconstitutional. On Thursday, the state's high court declined a request from Bush to reconsider. In his Friday order, Greer said that the 2nd District Court of Appeals had previously ruled that it would take "significant new evidence" or a "substantial change in circumstances" to revisit the issue of whether Terri Schiavo, 40, would want to be kept alive artificially. When Greer ruled in 2000 that Michael Schiavo could disconnect his wife's feeding tube, the judge heard testimony about Terri Schiavo's religious upbringing and later the appeals court ruled that although Terri Schiavo had been raised Catholic, she did not regularly attend mass or have a religious adviser who could assist the court in determining her religious attitude about life-support. Greer said the Pope's latest statements are consistent. "Nothing has changed," Greer wrote in the ruling. "There is nothing new presented regarding Terri Schiavo's religious attitude and there is still no religious adviser to assist this or any other court in weighing her desire to comply with this or any other papal pronouncement." Copyright 2004 Knight Ridder -- LP "We are fighting today for security, for progress, and for peace, not only for ourselves but for all men, not only for one generation but for all generations. We are fighting to cleanse the world of ancient evils, ancient ills." Franklin Delano Roosevelt State of the Union Address - 1942