by Steven Ertelt
October 12, 2004
Tallahassee, FL (LifeNews.com) — Terri Schiavo’s estranged husband Michael submitted papers on Monday with the Florida Supreme Court asking it to uphold it’s previous decision unanimously overturning Terri’s Law. The measure, passed by the state legislature, allowed Governor Bush to ask doctors to reinsert Terri’s feeding tube, preventing a painful starvation death.
In the papers, George Felos, the euthanasia advocate who is Michael’s lead attorney, calls Bush’s reasons for wanting a rehearing "meritless," and urges the state’s high court to not change its mind.
"The governor’s motion represents simply another attempt to delay effectuation of Mrs. Schiavo’s right to decide her own medical treatment," the filing said, according to an Associated Press report.
But attorneys for Bush and Terri’s family say Terri would never have chosen to have food and water taken away from her — which medical experts say would cause an excruciating week-long death via starvation.
Bush’s attorneys want a chance to show the Florida court that Terri would have chosen lifesaving medical care and rehabilitation. The state’s high court never allowed them that opportunity.
A poll conducted by Wilson Research Strategies from August 13-15 showed 46 percent of respondents say Terri should continue to be provided food and water through a gastric tube that is helping the disabled woman stay alive. Only 32 said the feeding tube should be removed.
In a unanimous 7-0 ruling three weeks ago, the Florida Supreme Court ruled that the law violated the separation of powers clause in the state constitution by essentially allowing Governor Bush to overturn a lower court’s decision allowing Terri’s estranged husband Michael to end her life.
Governor Bush has directed his attorneys to ask the state’s high court to reexamine its decision overturning Terri’s Law.
Bush said he respected the "role and the judgment of the Florida Supreme Court," but worried the decision would limit the ability of the Florida legislature to pass laws.
The court’s decisions "have long-term, far-reaching consequences for all Floridians," Bush said. "For this reason, we have asked the court for clarification of its recent ruling."
The Florida Supreme Court has not said when it would rule on the request.
Meanwhile, in town for a speaking engagement, leading Catholic pro-life advocate Father Frank Pavone visited Terri Schiavo last week at the assisted living facility where she resides.
"It was beautiful," Father Pavone told the Florida paper. "’Many people are praying for you from around the country,’ I told her."
Pavone said Terri showed some interaction with him and those present.
"She was following everything that was going on," he said. "She talks with her eyes. She’s very much aware and alert."
Related web sites:
Florida Supreme Court Opinion –
Terri Schiavo’s parents – https://www.terrisfight.org