The legislative leader seeks to file a court brief to keep Terri Schiavo fed by artificial means.
By WILLIAM R. LEVESQUE
Published November 11, 2003
CLEARWATER - Gov. Jeb Bush's attorneys are defending "Terri's Law." The state attorney general is defending the law. Now Florida House Speaker Johnnie Byrd wants a chance.
Byrd asked a Pinellas-Pasco circuit judge for permission Monday to file a friend of the court brief defending the law from a constitutional challenge filed by the husband of Terri Schiavo.
In a brief submitted to the court, Byrd's lawyers said "the preservation of life is a compelling government interest that the people of the state, speaking through their Legislature, may take effectual measures to advance."
Lawmakers can change laws, even if that conflicts with court decisions, Byrd's lawyers argue.
Byrd's action comes as lawyers for Bush's office filed a notice that they intend to appeal Circuit Judge Douglas Baird's decision last week rejecting Bush's call to dismiss the challenge to "Terri's Law" filed by Michael Schiavo.
The law, championed by Byrd and enacted by the Legislature Oct. 21, allowed Bush to order doctors to reinsert Mrs. Schiavo's feeding tube after she went six days without food and water.
The appeal of Baird's ruling is to be filed with the 2nd District Court of Appeal.
George Felos, attorney for Michael Schiavo, said the latest move by Bush's office was another delaying tactic.
Of Byrd's action, Felos said he wasn't surprised. "His argument is an extremely weak one," he said.
Byrd's brief said the speaker's office has a responsibility to defend the authority of the Legislature.
"The Legislature's role in establishing public policy is paramount and its role in regulating the actions of the other branches is significant," Byrd's brief said.
Mrs. Schiavo, who is severely brain damaged, has been kept alive by a feeding tube for more than 13 years. Many doctors say she is in a persistent vegetative state and cannot recover. Her parents disagree with that diagnosis.
