Jeb BUSH, Governor of Florida, et al., Appellants,
v.
Michael SCHIAVO, Guardian of Theresa Schiavo, Appellee.
Supreme Court of Florida.https://leagle.com/images/logo.png
September 23, 2004.
Rehearing Denied October 21, 2004.
Attorney(s) appearing for the Case
Kenneth L. Connor and Camille Godwin of Wilkes and McHugh, P.A., Tampa, FL, and Robert A. Destro, Washington, DC, on behalf of Jeb Bush, Governor of the State of Florida; and Charles J. Crist, Jr., Attorney General, George Lemieux, Deputy Attorney General, Chief of Staff, and Jay Vail, Senior Assistant Attorney General, Tallahassee, FL, for Appellant.
George J. Felos of Felos and Felos, P.A., Dunedin, FL, Randall C. Marshall, Legal Director of American Civil Liberties Union of Florida, Miami, FL, and Thomas J. Perrelli and Robert M. Portman of Jenner and Block, LLC, Washington, DC, on behalf of Michael Schiavo, as Guardian of the person of Theresa Marie Schiavo, for Appellee.
Jan G. Halisky, Clearwater, FL, and William L. Saunders, Jr., Director and Counsel, Washington, DC, for Center for Human Life and Bioethics at the Family Research Council, Amici Curiae; George K. Rahdert of Rahdert, Steele, Bryan and Bole, P.A., St. Petersburg, FL, and Max Lapertosa, Chicago, IL, for Not Dead Yet, Adapt, The ARC of the United States, Center on Human Policy, Syracuse University, Center on Self Determination, Disability Rights Center, Freedom Clearinghouse, Hospice Patients' Alliance, Mouth Magazine, National Council on Independent Living, National Disabled Students Union, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, Society for Disability Studies, TASH, World Association of Persons With Disabilities and World Institute on Disability, Amici Curiae; Patricia Fields Anderson, St. Petersburg, FL, Barbara J. Weller and David Charles Gibbs, III of Gibbs Law Firm, P.A., Seminole, FL, Jay Alan Sekulow, James H. Henderson, Sr., Walter M. Weber and David A. Cortman, Washington, DC, for Robert and Mary Schindler, Amici Curiae; Mary L. Wakeman, Russell E. Carlisle, Lauchlin T. Waldoch and Edwin M. Boyer, Tallahassee, FL, for the Academy of Florida Elder Law Attorneys, Inc., and the National Academy of Elder Law Attorneys, Amici Curiae; Scott M. Solkoff, Chair, Mary L. Wakeman, and Lauchlin T. Waldoch, Tallahassee, FL for The Elder Law Section of the Florida Bar, Amicus Curiae; and Jon B. Eisenberg and David S. Ettinger of Horvitz and Levy, LLP, Encino, California and Bruce G. Howie, St. Petersburg, FL, for 55 Bioethicists and Autonomy, Inc., Amici Curiae.
Supreme Court of Florida.
PARIENTE, C.J.
The narrow issue in this case requires this Court to decide the constitutionality of a law passed by the Legislature that directly affected Theresa Schiavo, who has been in a persistent vegetative state since 1990.1 This Court, after careful consideration of the arguments of the parties and amici, the constitutional issues raised, the precise wording of the challenged law, and the underlying procedural history of this case...
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