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Lawyers Challenge Constitutionality Of 'Terri's Law'

POSTED: Wednesday, October 29, 2003
UPDATED: 5:44 am EST October 30, 2003

A hastily passed state law that gave Gov. Jeb Bush the authority to keep a severely brain-damaged woman alive is unconstitutional and should be overturned, attorneys for the woman's husband said in a filing Wednesday.

TERRI SCHIAVO, 1963-2005

Attorneys for Michael Schiavo are challenging what Florida lawmakers dubbed "Terri's Law," which gave Bush the authority to order Terri Schiavo's feeding tube be reinserted Oct. 21.

The major contentions in the 43-page filing are that the law violates Terri Schiavo's right to privacy under the Florida Constitution and the separation of power provisions of the state constitution.

Michael Schiavo has been battling in court for years to carry out what he says is his wife's wish to not be artificially kept alive.

His in-laws, Bob and Mary Schindler, have blocked his efforts, saying their daughter had no such wishes and is not in a permanent vegetative state as a probate court judge has declared. They say she is responsive and could improve with therapy.

Terri Schiavo had gone without food and water for six days under a court order which allowed Michael Schiavo to withdraw the tube. Within hours of the Legislature's action last week, she was hospitalized to have the tube reinserted.

Terri Schiavo suffered severe brain damage in 1990 when her heart stopped from what doctors believe was a potassium imbalance.

The brief was filed with Pinellas Circuit Court Judge W. Douglas Baird. Bush's attorneys now have five days to respond.

The legal battle is one of the nation's longest and most contentious right-to-die cases. The American Civil Liberties Union said last week that it has joined Felos as co-counsel in the case.

Florida courts have repeatedly affirmed Michael Schiavo's legal right to remove his wife's feeding tube. The Florida Supreme Court has twice refused to hear the case, and it also has been rejected for review by the U.S. Supreme Court.

A Florida appeals court again ruled in Michael Schiavo's favor a week before the tube was removed.

President Bush said Tuesday that Gov. Bush, his younger brother, did the right thing in ordering the feeding tube reinserted.

Speaking out this week on CNN's "Larry King Live," Michael Schiavo said money and the influence of conservative political causes motivates her parents to block his battle to let her die.

Terri Schiavo's father, Bob Schindler, fired back the next day, Terri Schiavo's family fired back in a statement Tuesday, disputing his son-in-law's contention that he was after some of the more than $1 million awarded to the Schiavos in 1993 medical malpractice claim.

Schindler said he argued with Michael Schindler over the money but said it was because he wanted to know how much would be spent on her rehabilitation and when those efforts would begin. He also renewed claims that Michael Schiavo might have abused Terri, charges that Michael Schiavo has repeatedly denied.

Watch Local 6 News for more on this story.

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