Judge Strikes Down Law That Saved Terri Schiavo’s Life

Bioethics   |   Steven Ertelt   |   May 6, 2004   |   9:00AM   |   WASHINGTON, DC

Judge Strikes Down Law That Saved Terri Schiavo’s Life

by Steven Ertelt
LifeNews.com Editor
May 6, 2004

Clearwater, FL (LifeNews.com) — As expected, Circuit Court Judge Douglas Baird struck down Terri’s Law, the measure approved by the Florida state legislature that authorized Governor Jeb Bush to ask doctors to reinsert the feeding tube that provided Terri with food and water.

In finding the law unconstitutional, Judge Baird claimed the law violates Terri’s right to privacy and the separation of powers by giving the governor legislative authority.

Those are the same arguments that were made by George Felos, the assisted suicide advocate who is the lead attorney for Terri’s estranged husband Michael.

Governor Bush has already instructed his attorneys to file an appeal in the case to the 2nd District Court of Appeal. By doing that, Bush ensures that the feeding tube remains in place while the appeal is being considered.

Jacob DiPietre, a spokesman for Governor Bush, told the Associated press that Bush wants to "continue to defend the constitutionality of this law."

However the appeals court has previous ruled in Michael’s favor allowing him to disconnect the feeding tube and end Terri’s life.

Pat Anderson, an attorney for Terri’s parents Bob and Mary Schindler said she was disappointed by not surprised by Baird’s ruling.

Nancy Valko, a representative of Nurses for Life, is a leading monitor of end-of-life issues.

"One of the terrible ironies of Terri’s case is that so many organizations purporting to protect civil and constitutional rights are on the other side," Valko said. "Just where is the constitutional and civil right to be killed?"

While most media outlets report that Terri Schiavo collapsed in 1990 as a result of a potassium imbalance, Terri Schiavo may have collapsed as a result of physical abuse from her estranged husband Michael, according to the Schindlers.

A bone scan conducted on Terri in March 1991 showed she had several fractures and was the victim of "abnormal activity" that caused "previous traumas," indicating she may have been beaten or abused.

Doctors selected by the Schindlers have reviewed Terri’s medical records.

They found that a heart attack did not cause Terri’s collapse, Pamela Hennesy, a representative of Terri’s family, said. Rather, according to one physician, Terri may have been a strangulation victim.

Related web sites:
Terri Schiavo’s parents – https://www.terrisfight.org