Court strikes down "Terri's law"
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《英国医生杂志》
In a landmark decision Florida抯 highest court unanimously ruled on 23 September that the so called "Terri抯 law" was unconstitutional. That law was enacted as an emergency by the state legislature and signed by Governor Jeb Bush in October 2003 to enforce the reinsertion of a feeding tube in Mrs Terri Schiavo, who had been in a persistent vegetative state since her cardiac arrest in 1990 (BMJ 2003;327:949 and 2003;327:1010).
Michael Schiavo had won several court battles to remove the tube and allow his wife to die. Although she had left no written instructions her husband said she had told him in conversations that she would not want to be kept alive artificially.
The seven member Supreme Court unanimously ruled that Governor Bush violated the constitutional tenet of separation of powers when he signed a law to keep Mrs Schiavo alive against her husband抯 wishes.
"Our hearts can fully comprehend the grief so fully demonstrated by Terri抯 family members on this record," the justices wrote. "But our hearts are not the law. What is in the Constitution always must prevail over emotion."
Governor Bush has 10 days to ask for a rehearing. There was no word on whether he would appeal to the US Supreme Court, which had previously refused to hear the right to die case.(Florida Fred Charatan)
Michael Schiavo had won several court battles to remove the tube and allow his wife to die. Although she had left no written instructions her husband said she had told him in conversations that she would not want to be kept alive artificially.
The seven member Supreme Court unanimously ruled that Governor Bush violated the constitutional tenet of separation of powers when he signed a law to keep Mrs Schiavo alive against her husband抯 wishes.
"Our hearts can fully comprehend the grief so fully demonstrated by Terri抯 family members on this record," the justices wrote. "But our hearts are not the law. What is in the Constitution always must prevail over emotion."
Governor Bush has 10 days to ask for a rehearing. There was no word on whether he would appeal to the US Supreme Court, which had previously refused to hear the right to die case.(Florida Fred Charatan)