Posted on 10/07/2003 12:43:25 PM PDT by NYer
TAMPA, Fla. (AP) _ Gov. Jeb Bush is arguing that a brain-damaged woman should be provided therapy despite a state judge's order to remove the feeding tube that has been keeping her alive.
In documents made public Tuesday, lawyers representing the governor argued that Terri Schiavo is entitled to therapy aimed at helping her swallow to determine if she can eat and drink on her own.
The brief, filed late Monday, argues that state law recognizes the persistent vegetative state Schiavo is in as different from having a terminal illness. ``Terri's right to life is violated by the state when the state, acting as her guardian, assumes that her wish to live without artificial sustenance is the same as her wish not to be fed at all,'' the governor's brief said. ``The fact that she is unable to give herself nourishment is not a symptom of a dying body. It is the result of severe injury and disability.''
The 39-year-old woman has been at the center of a long legal battle between her parents, Bob and Mary Schindler, and her husband and legal guardian, Michael Schiavo. She suffered severe brain damage following a heart attack in 1990. The parents want her kept alive; her husband says she never wanted to be kept alive artificially. A hearing is scheduled Friday.
George Felos, a lawyer representing Michael Schiavo, contends there is no provision in the court rules for Bush's brief and said he will file a motion to strike it from the record. ``I think it's a very poor precedent, and it's an unfortunate use of his authority by the governor trying to intervene in this case ... gives the impression that he is trying to put political pressure on the judiciary, and I think that's wrong.''
Pat Anderson, the lawyer representing the Schindlers, declined to comment on the filing. Court-appointed doctors have testified that Terri Schiavo's brain damage is so severe she cannot be rehabilitated. Her feeding tube is set to be removed Oct. 15.
The governor's filing in the Schiavo case is an opinion, not a formal intervention seeking to replace Michael Schiavo as his wife's guardian. Earlier this year, Bush had unsuccessfully tried to intervene in another case, asking an Orlando court to appoint a guardian for the fetus of a disabled rape victim.
On the Net: Terri Schiavo's parents: http://www.terrisfight.org/
AP-ES-10-07-03 1502EDT
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