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Nightwing · 08-31-2004, 10:24 AM

I think they should. Nobody knows me better than my wife. She knows if I am in this state she should not delay and unhook me and the same for her. I don't think most families know these intimate details like spouses' do. I think everone should have the right to die.
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Florida high court to hear right-to-die case
Schiavo challenges new law
Monday, August 30, 2004 Posted: 12:50 PM EDT (1650 GMT)

TALLAHASSEE, Florida (Reuters) -- An emotionally charged case pitting a husband against his brain-damaged wife's parents goes before the Florida Supreme Court on Tuesday for a ruling that may help decide if she lives or dies.

More than six years after a judge first ruled in his favor, Terri Schiavo's husband is asking Florida's highest court to strike down a hastily crafted law backed by Governor Jeb Bush that prevents removal of her feeding tube.

Terri Schiavo, 40, suffered a cardiac arrest in February 1990 and has since been kept alive by a feeding tube. She is in a persistent vegetative state.

Critics, including the parents, argue that hope remains for Schiavo, who in videos taken by relatives appears to show signs of consciousness. Medical experts have disagreed on whether this is the case.

As her legal guardian, husband Michael Schiavo in May 1998 filed a petition to end life support, a decision that pitted him against Bush, Terri's parents, Bob and Mary Schindler and right-to-life groups.

At trial, Michael Schiavo and other witnesses testified that Terri Schiavo told him prior to the heart attack that she did not want to be kept alive under such circumstances. But the lack of a living will complicated efforts to resolve the case.

Following more court hearings in which judges again upheld Michael Schiavo's right to make decisions for his incapacitated spouse, health care workers in October 2003 removed the tube.

Six days later, Florida lawmakers at Bush's behest passed a law that gave the governor authority to intervene in the case. Within hours of Bush's signature, doctors reinserted the tube.

In May, a Florida circuit court judge struck down the law, saying it violated Terri Schiavo's privacy rights and breached the constitutional separation of powers by allowing the governor to overturn a determination by the courts. (Full story)

"Mrs. Schiavo was forced from her hospice bed, was forcibly operated upon, and is now being force-fed through a tube against her will," Michael Schiavo's attorneys argue in papers filed to the state Supreme Court. "Stripped of her most intimate personal rights, Mrs. Schiavo is more akin to subjects of an absolute dictatorship than citizens of a democratic state."

"The central issue in this case is whether Terri Schiavo would choose, with full knowledge of the current circumstances, to refuse necessary food and fluids by tube," attorneys for the Schindlers wrote the high court.

The two sides will make oral arguments on Tuesday. The court will make no ruling and is under no deadline to render an opinion.

08-31-2004, 10:24 AM	#1
Nightwing Baaz Draconian Join Date: June 14, 2004 Location: Neb. Age: 60 Posts: 725	I think they should. Nobody knows me better than my wife. She knows if I am in this state she should not delay and unhook me and the same for her. I don't think most families know these intimate details like spouses' do. I think everone should have the right to die. -------------------------------------------------------------------------------- Florida high court to hear right-to-die case Schiavo challenges new law Monday, August 30, 2004 Posted: 12:50 PM EDT (1650 GMT) TALLAHASSEE, Florida (Reuters) -- An emotionally charged case pitting a husband against his brain-damaged wife's parents goes before the Florida Supreme Court on Tuesday for a ruling that may help decide if she lives or dies. More than six years after a judge first ruled in his favor, Terri Schiavo's husband is asking Florida's highest court to strike down a hastily crafted law backed by Governor Jeb Bush that prevents removal of her feeding tube. Terri Schiavo, 40, suffered a cardiac arrest in February 1990 and has since been kept alive by a feeding tube. She is in a persistent vegetative state. Critics, including the parents, argue that hope remains for Schiavo, who in videos taken by relatives appears to show signs of consciousness. Medical experts have disagreed on whether this is the case. As her legal guardian, husband Michael Schiavo in May 1998 filed a petition to end life support, a decision that pitted him against Bush, Terri's parents, Bob and Mary Schindler and right-to-life groups. At trial, Michael Schiavo and other witnesses testified that Terri Schiavo told him prior to the heart attack that she did not want to be kept alive under such circumstances. But the lack of a living will complicated efforts to resolve the case. Following more court hearings in which judges again upheld Michael Schiavo's right to make decisions for his incapacitated spouse, health care workers in October 2003 removed the tube. Six days later, Florida lawmakers at Bush's behest passed a law that gave the governor authority to intervene in the case. Within hours of Bush's signature, doctors reinserted the tube. In May, a Florida circuit court judge struck down the law, saying it violated Terri Schiavo's privacy rights and breached the constitutional separation of powers by allowing the governor to overturn a determination by the courts. (Full story) "Mrs. Schiavo was forced from her hospice bed, was forcibly operated upon, and is now being force-fed through a tube against her will," Michael Schiavo's attorneys argue in papers filed to the state Supreme Court. "Stripped of her most intimate personal rights, Mrs. Schiavo is more akin to subjects of an absolute dictatorship than citizens of a democratic state." "The central issue in this case is whether Terri Schiavo would choose, with full knowledge of the current circumstances, to refuse necessary food and fluids by tube," attorneys for the Schindlers wrote the high court. The two sides will make oral arguments on Tuesday. The court will make no ruling and is under no deadline to render an opinion. __________________ HoHo What!