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Last Updated: Friday, 24 September, 2004, 10:13 GMT 11:13 UK
Coma woman intervention 'illegal'
File photo of Terri Schiavo
Doctors say Terri is in a persistent vegetative state
Florida Governor Jeb Bush acted illegally by intervening to keep a brain-damaged woman alive against her husband's wishes, a court has ruled.

The decision by the Florida Supreme Court means Terri Schiavo's fate is again uncertain, 14 years after she fell unconscious after a heart attack.

Mrs Schiavo's parents have battled to keep her alive, and gained the support of Mr Bush. He may yet go to appeal.

He brought in a law last year allowing him to insist she be kept alive.

After "Terri's Law" was passed, her feeding tube was reinserted, six days after it had been removed with a judge's approval.

Medicine cannot cure this condition. Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state
Florida Supreme Court ruling
But the Supreme Court on Thursday declared the law "unconstitutional as a violation of separation of powers, as a violation of the right of privacy and as unconstitutional retroactive legislation".

Mrs Schiavo's husband Michael has argued for years that he wants her to be allowed to die humanely.

Florida's state constitution protects the right of terminally ill patients to die "with dignity."

Guardian status

The woman's parents, Robert and Mary Schindler, have long fought to keep her alive, saying she has given signs of consciousness, and could recover over time.

But the court said on Thursday: "Medicine cannot cure this condition. Unless an act of God, a true miracle, were to recreate her brain, Theresa will always remain in an unconscious, reflexive state."

A spokeswoman for Mr Bush, the brother of President George Bush, said lawyers were considering whether to ask the Florida Supreme Court to rehear the case, or appeal to the US Supreme Court.

Even if that does not happen, Mr Schiavo may not be able to allow his wife to die immediately.

Lawyers for her parents are trying in another case to have his status as her legal guardian removed.


SEE ALSO:
US coma woman receives fluids
22 Oct 03  |  Americas
State steps in over US coma woman
21 Oct 03  |  Americas
Food stopped to US coma woman
15 Oct 03  |  Americas
Fight over Florida woman's fate
01 Oct 03  |  Americas
Right to die: Who should decide?
22 Oct 03  |  Have Your Say


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