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Florida Supreme Court to Hear Argument in Terri Schiavo Case
FOR IMMEDIATE RELEASE
Friday, August 27, 2004
Media Contact: Alessandra Soler Meetze, ACLU-FL, 305-576-2337 ext. 16
TALLAHASSEE – At 9 a.m. Tuesday, August 31, the Florida Supreme Court will consider whether to strike down as unconstitutional a Florida law that reversed a series of court rulings and interfered with the medical decisions of a severely brain-damaged woman who, Florida courts found, did not wish to be kept alive artificially.
On October 21, 2003, the Florida Legislature passed a one-time bill giving Florida Governor Jeb Bush the unprecedented authority to order the reinsertion of life-prolonging feeding and hydration tubes that have sustained Theresa “Terri” Schiavo for more than a decade. Florida courts had ruled that Schiavo, who has been in a persistent vegetative state since suffering cardiac arrest in 1990, would not have wanted to be kept alive through artificial means and ordered the tubes removed.
Following the enactment of the bill, the American Civil Liberties Union of Florida joined as co-counsel to challenge the constitutionality of the law and the Governor’s action ordering the tubes reinserted.
The ACLU, which represents Schiavo’s legal guardian and husband of 18 years, Michael Schiavo, argued the Legislature and Governor’s actions violated Florida’s constitutional right to privacy and, by setting aside the work of the courts, also violated the separation of powers structure of government. On May 6, Pinellas Circuit Court Judge W. Douglas Baird sided with the ACLU and ruled that the law was an unconstitutional intrusion on the constitutional privacy rights of Floridians to choose or refuse medical treatment. “The state’s interest in preserving life does not override an individual’s personal choice regarding his or her own medical decisions,” Judge Baird wrote in a 22-page decision. He went on to add that the law intruded on judicial authority because it reversed nearly six years of court litigation that ended with a final order on September 17, 2003 ordering the removal of Schiavo’s life-prolonging feeding and hydration tubes.
“This case challenges the actions of heavy-handed government officials who claim to have veto power over our personal medical decisions,” said ACLU of Florida Legal Director Randall Marshall. “Gov. Bush and the Florida legislature acted in haste without any consideration for what Terri Schiavo would have wanted. This type of frightening intervention by meddling politicians should concern every person in Florida. The outcome in this case could jeopardize people’s right to determine the course of their medical treatment.”
The case is Jeb Bush v. Michael Schiavo, as Guardian of the person of Theresa Maria Schiavo. (Case No. SC04-925).
The legal team consists of: George J. Felos, of Felos & Felos, P.A. in Dunedin, Fla., Deborah A. Bushnell, also of Dunedin, Fla., ACLU of Florida Legal Director Randall Marshall, and ACLU of Florida cooperating attorneys: Thomas J. Perrelli and Robert M. Portman of the Washington-based law firm of Jenner & Block LLC.
Click here to read the ACLU’s brief to the Florida Supreme Court.
WHO: Arguing before the Florida Supreme Court are:
- George Felos, Tampa-based attorney for Michael Schiavo
- Robert A. Destro, professor of law, Catholic University of America, Washington, D.C.
ACLU of Florida Legal Director Randall Marshall and co-counsel in the lawsuit will be available for comment at Tuesday’s hearing.
For comment today from the ACLU, call 305-576-2337 ext. 16.
ACLU of Florida Cooperating Attorney Thomas J. Perrelli, of the Washington-based law firm of Jenner & Block LLC, also will be at Tuesday’s hearing.
WHAT: Oral argument in a case challenging a Florida law authorizing government to intervene in Schiavo’s medical care.
WHERE: Florida Supreme Court, 500 South Duval Street, Tallahassee Florida 32399
WHEN: 9 a.m., Tuesday August 31, 2004
