Terri Schiavo’s Husband Responds to Gov. Bush’s Appeal

( [email protected] ) Oct 14, 2004 09:28 PM EDT

The husband of Terri Schiavo submitted papers on Monday, Oct. 11 with the Florida Supreme Court asking it to reject Governor Jeb Bush’s effort to seek another hearing regarding Terri’s law.

The measure, passed by the state legislature, allowed Gov. Bush to ask doctors to reinsert Terri's feeding tube, preventing a painful starvation death.

Florida's high court ruled unanimously on August 31, 2004 that “Terri’s law” was unconstitutional.

The 30-page ruling, written by Chief Justice Barbara Pariente, said the Florida legislature improperly delegated power to the governor and the “Terri’s law” violated the separation of powers between the judicial, legislative and executive branches of the state government.

An attorney for Bush filed a motion last week asking the Supreme Court to rehear the case.

In a court filing Monday, Michael Schiavo's lawyer, George Felos, called Bush's arguments for a rehearing "meritless" and urged the court to stick by its ruling.

"The governor's motion represents simply another attempt to delay effectuation of Mrs. Schiavo's right to decide her own medical treatment," the filing said, according to an Associated Press report.

The Florida Supreme Court has not said when it would rule on the request.