Schiavo lawyers challenge 'Terri's Law'
By Deborah Sharp, USA TODAY

A hastily passed law that gave Florida Gov. Jeb Bush the power to reconnect Terri Schiavo's feeding tube is unconstitutional and should be struck down, attorneys for her husband argued in court papers filed Wednesday.
The challenge to what state legislators dubbed "Terri's Law" is the latest skirmish in a long battle between Schiavo's husband and her parents over ending the life of the 39-year-old woman. She has been in a coma-like state for 13 years.

Schiavo's feeding tube was removed Oct. 15, based on court orders affirming the right of her husband, Michael, to carry out what he says were her wishes. It was reinserted Oct. 21 after the state Legislature's unprecedented vote.

"I never imagined the powers-that-be in Florida would take such extraordinary measures to intervene in a private family matter, without even remotely considering what Terri would have wanted," Michael Schiavo said in a statement.

Attorneys for Gov. Bush have until Thursday to file a response.

The main arguments in Wednesday's brief are that Bush's action violated Terri Schiavo's constitutional right to privacy and the separation between courts and other governmental branches.

Terri Schiavo's parents, Bob and Mary Schindler, have become accustomed to legal ups and downs. "The stress is always there," said Pat Anderson, their attorney. "They're always acutely aware that Terri is vulnerable."

A new CNN/USA TODAY/Gallup Poll shows that 80% of Americans believe a spouse should be allowed to decide whether to end the life of a person in a persistent vegetative state. Seventeen percent of the 1,006 adults surveyed disagreed, and 3% said they had no opinion. Poll results were released Monday.

"Your spouse is the person you're closest to. That's the person most intimately aware of what your feelings would be," said poll respondent Linda Paterson, 50, of Santa Rosa, Calif.

The poll results don't surprise ethicists. "For most Americans, there are things worse than death. And that's to find yourself trapped in bed in limbo, kept alive by technology from which there's no escape," said Arthur Caplan, head of the University of Pennsylvania's Center for Bioethics.

However, some say the Schiavo case is exceptional because of allegations by Terri Schiavo's parents that her husband is acting in his own self-interest.

The poll results might be different if the generally worded poll question referred specifically to the Schiavo case, said John Kilner, head of the Christian-based Center for Bioethics and Human Dignity in suburban Chicago.

"The percentages would flip to the exact opposite if you asked, 'Should the spouse be able to do it in all cases, or should there be a safeguard when there is a question about whether the spouse is acting in the patient's best interest?' "

The Oct. 24-26 telephone poll has a margin of error of +/-3 percentage points.