Tallahassee, Fla., Sep 23, 2004 / 22:00 pm
Based on the unanimous ruling of the Florida Supreme Court yesterday, Terri Schiavo’s feeding tube should be removed, but it is not clear when. The court ruled that “Terri's Law” is unconstitutional and that Gov. Jeb Bush should not have been given the power to reinsert her feeding tube last year. This decision supports an earlier court ruling in May.
This six-year battle began when Terri Schiavo’s husband, Michael Schiavo, first asked for permission to have the tube removed. His wife's parents opposed his request, but he won court approval to remove it after doctors testified that Terri is in a persistent vegetative state, with no hope of recovery.
When the tube was taken out nearly a year ago, the Florida Legislature quickly passed Terri's Law, giving Bush the power to intervene, and he ordered the feeding tube reinserted.
But the Supreme Court has ruled that Terri’s Law violated the separation of powers between the branches of government and that the Florida Legislature improperly delegated power to the governor, reported the Miami Herald.