SC04-925 - Jeb Bush, Governor Of Florida, Et Al. v. Michael Schiavo Guardian: Theresa Schiavo

State: Florida

Docket No: SC04-925

Case Date: 10/14/2004

Preview:Supreme Court of Florida
____________ No. SC04-925 ____________ JEB BUSH, Governor of Florida, et al., Appellants, vs. MICHAEL SCHIAVO, Guardian of Theresa Schiavo, Appellee. [September 23, 2004] CORRECTED OPINION 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

1. The trial court, in an extensive written order, declared that the law was unconstitutional as a violation of separation of powers, as a violation of the right of privacy and as unconstitutional retroactive legislation. The Second District Court of Appeal certified this case as one of great public importance and requiring immediate resolution by this Court. We have jurisdiction. See art. V,

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