Judge says case of brain-damaged woman can proceed

Associated Press, November 14, 2003 - 05:00 PM

CLEARWATER, Fla.

A man who has fought a long legal battle to remove a feeding tube from his brain-damaged wife, only to have the state pass a special law to thwart him, won another round in court Friday when a judge ruled against Gov. Jeb Bush.

Circuit Judge W. Douglas Baird ruled that Michael Schiavo's lawsuit against Bush can proceed even though the governor is asking an appeals court to either kill the suit or have it moved to Tallahassee.

Baird ordered the governor's attorneys to submit a brief by Monday defending the constitutionality of the law that let Bush order Terri Schiavo's feeding tube reinserted Oct. 21.

Bush told reporters in Tallahassee that his lawyers were appealing Baird's ruling to the 2nd District Court of Appeal.

"I'm going to follow the rule of law as I have to," the governor said. "But we will defend vigorously the constitutionality of the law."

The appeal filed with the appeals court in Lakeland argued that Baird abused his discretion with Friday's ruling because there are no "compelling" circumstances that justify moving ahead until appeals are heard.

"This case involves fundamental constitutional rights and issues and judgments in such matters should never be rushed," the motion reads.

Baird said Terri Schiavo's right not to be kept alive artificially was successfully defended by her husband in state courts, and delays in removing the are violating her right to privacy.

"The deprivation of this right is immediate, ongoing and presumptively unconstitutional," Baird said from the bench.

Judge says case of brain-damaged woman can proceed