State Supreme Court Says It Will Decide Appeal Of " Terri's Law'

TALLAHASSEE - The protracted legal battle over the life of a brain-damaged woman whose family and husband disagree over whether she'd want to be kept alive will move to the Florida Supreme Court.

The Supreme Court agreed 4-3 Wednesday to hear the case over a law allowing Gov. Jeb Bush to order doctors to continue feeding Terri Schiavo by a tube at her Pinellas County nursing home.

Michael Schiavo has sued Bush, challenging the law passed in October, which let the governor order the reinsertion of the feeding tube six days after her husband had it removed. Michael Schiavo contends his 40-year-old wife, who has been in a persistent vegetative state for more than a decade, did not want to be kept alive artificially.

Schiavo's parents, Bob and Mary Schindler, say she has enough consciousness to recognize them and contend she would want to be kept alive.

The court recognizes "this is a case that affects the lives of many Floridians. It needs immediate resolution," said George Felos, attorney for Michael Schiavo.

Bush's attorneys sought to keep the case out of the Florida Supreme Court for now, saying there are disputed facts that need to be settled at trial. The governor's attorneys have separately asked the court to place a stay on the case until it can be determined whether Michael Schiavo should continue to be his wife's guardian.

"We look forward to making our case to the Supreme Court about why the Legislature and the governor should partner with the courts in protecting our most vulnerable citizens," said Jacob DiPietre, a spokesman for Bush.

Michael Schiavo says the law is unconstitutional because it violates his wife's right to privacy and the separation of powers between branches of government.

The governor has defended his action, saying the law allows for another level of protection for disabled adults, especially in a case where the patient's family is at odds over her wishes.

Matter Of "Great Public Importance'

The state Supreme Court scheduled oral arguments on the case for Aug. 31. It took the case from the 2nd District Court of Appeal in Lakeland, which asked the high court to take up the matter as one of "great public importance [that] has a great effect upon the proper administration of justice throughout the state."

Felos and the American Civil Liberties Union wanted to bypass the lower courts.

"There are lots of other people out there who have living wills, there are lots of other people out there who may find themselves the victims of a catastrophic accident in the absence of a living will," said Howard Simon, executive director of the ACLU of Florida.

"We have to get it resolved as to whether the governor can sweep aside the courts and play doctor," he said.

Pat Anderson, the lawyer representing the Schindlers, said the development is stressful for family members, who view anything that expedites the case as having the potential to lead to Terri Schiavo's death.

The Florida Supreme Court previously turned down the Schindlers' requests that it intervene when the legal battle was just between Michael Schiavo and his in- laws.

On Tuesday, Anderson urged the Lakeland appeals court to allow them to enter the legal fight between the governor and Michael Schiavo. No ruling has been issued.

"I think they [the court] are probably getting tired of reading about the Schiavo case and want to give everyone some finality," Anderson said.

Decade-Long Legal Battle

Terri Schiavo suffered severe brain damage more than 14 years ago after a chemical imbalance caused her heart to stop. Her husband never mentioned her end-of-life wishes when he won more than $1 million in a medical malpractice verdict in which he told jurors he intended to take care of his wife for the rest of her natural life.

Michael Schiavo is engaged to another woman with whom he has two children. The money awarded for Terri Schiavo's care is nearly gone, most spent on attorneys' fees in the decade-long legal battle.

The court's decision to expedite the case came just hours after attorneys for the Schindlers argued that Michael Schiavo has failed to provide his wife with proper care. They sought a ruling on whether Michael Schiavo is entitled to act on his wife's behalf.

Pinellas County Circuit Court Judge George Greer did not rule on the motion. A separate effort to oust Michael Schiavo as his wife's guardian is also pending before Greer.

Michael Schiavo has denied harming or neglecting his wife and said that he has not provided her therapy because it wouldn't help her condition.