Judge finds Governor Bush's law unconstitutional
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《英国医生杂志》
The long running legal battle to permit Mrs Terri Schiavo to die took another turn last week when Pinellas County Circuit Judge W Douglas Baird ruled on 6 May that Governor Jeb Bush抯 so called "Terri抯 law," enacted to permit reinsertion of the patient抯 feeding tube, which had been removed, was unconstitutional.
Mrs Schiavo, aged 40, had been the focus of a bitter legal battle since her cardiac arrest in 1990 followed by persistent vegetative state (BMJ 2003;327:949, 1010).
In his 23 page decision, Judge Baird, who Governor Bush had earlier asked to remove himself from the case, said that "Terri抯 law" was unconstitutional because it gave legislative power to the governor and because it unjustifiably authorised the governor to summarily deprive Florida citizens of their constitutional right to privacy.
He wrote that "authorizing the Governor to exercise unbridled discretion in making the ultimate decision regarding the life or death of a private Florida citizen, without standards, direction, review, or due process protection of that citizen抯 private desires, exceeds any reasonable concept of 憀east intrusive means.?
Judge Baird also ruled that the law violates the principle of separation of powers that prohibit one branch of government from interfering with another抯 duties. In this case, Governor Bush had no right to overrule years of court litigation that led to the decision to remove the feeding tube.
Ken Connor, the former head of the conservative Family Research Council, who is a leading lawyer for the governor, said that he expected the case would eventually be decided by the state Supreme Court and could even end up in federal court.
Howard Simon, Florida抯 executive director for the American Civil Liberties Union, called Judge Baird抯 ruling a "strong affirmation of the privacy rights of the people of the state of Florida."
Kenneth Goodman, director of the University of Miami抯 bioethics programme, said the judge抯 ruling was an "antidote to legislative civil disobedience."
He called "Terri抯 Law" "one of the darkest days of the Florida legislature" and said lawmakers cynically injected themselves into a family抯 tragedy to score votes with a well organized movement.
Governor Bush plans to appeal the case to the state抯 Second District Court of Appeal in Lakeland, Florida.
The legal battle is being closely followed nationwide by partisans on both sides of the right to die issue. President George Bush, the brother of Governor Bush, has already said that he supports his brother抯 intervention in the Schiavo case.(Florida Fred Charatan)
Mrs Schiavo, aged 40, had been the focus of a bitter legal battle since her cardiac arrest in 1990 followed by persistent vegetative state (BMJ 2003;327:949, 1010).
In his 23 page decision, Judge Baird, who Governor Bush had earlier asked to remove himself from the case, said that "Terri抯 law" was unconstitutional because it gave legislative power to the governor and because it unjustifiably authorised the governor to summarily deprive Florida citizens of their constitutional right to privacy.
He wrote that "authorizing the Governor to exercise unbridled discretion in making the ultimate decision regarding the life or death of a private Florida citizen, without standards, direction, review, or due process protection of that citizen抯 private desires, exceeds any reasonable concept of 憀east intrusive means.?
Judge Baird also ruled that the law violates the principle of separation of powers that prohibit one branch of government from interfering with another抯 duties. In this case, Governor Bush had no right to overrule years of court litigation that led to the decision to remove the feeding tube.
Ken Connor, the former head of the conservative Family Research Council, who is a leading lawyer for the governor, said that he expected the case would eventually be decided by the state Supreme Court and could even end up in federal court.
Howard Simon, Florida抯 executive director for the American Civil Liberties Union, called Judge Baird抯 ruling a "strong affirmation of the privacy rights of the people of the state of Florida."
Kenneth Goodman, director of the University of Miami抯 bioethics programme, said the judge抯 ruling was an "antidote to legislative civil disobedience."
He called "Terri抯 Law" "one of the darkest days of the Florida legislature" and said lawmakers cynically injected themselves into a family抯 tragedy to score votes with a well organized movement.
Governor Bush plans to appeal the case to the state抯 Second District Court of Appeal in Lakeland, Florida.
The legal battle is being closely followed nationwide by partisans on both sides of the right to die issue. President George Bush, the brother of Governor Bush, has already said that he supports his brother抯 intervention in the Schiavo case.(Florida Fred Charatan)