Gov. Bush Appeals Schiavo Decision to United States Supreme Court.

Florida Gov. Jeb Bush has asked the United States Supreme Court to intervene in the fight to save the life of Terri Schindler-Schiavo. On December 1, attorneys for the governor asked the High Court to overturn the Florida Supreme Court's September 23 decision invalidating what has come to be known as "Terri's Law."

This was an emergency measure passed by the Florida legislature in October 2003 which authorized Gov. Bush to reinsert the tube through which Terri receives her nourishment. It had been removed by court order, at her husband's request, and Terri had been without food for six days. Had the tube not been reinserted, Terri would have starved to death within a few more days.

Essentially, the Florida Supreme Court struck down Terri's Law on the grounds that the law violates the "separation of powers" doctrine under the Florida Constitution. The judges unanimously ruled that the measure invaded the province of the judiciary by allowing the governor and the legislature to direct the outcome of a specific pending case.

Ken Connor, who heads Bush's legal team, argued that the Florida courts had failed to recognize Gov. Bush's due process rights to defend the 40-year-old Schiavo and had refused to grant a new trial to determine whether Terri would want to die.

Connor told the Miami Herald that Gov. Bush "never got to examine one witness, never got to have a jury hear the case.''

Referring to his ongoing efforts, Gov. Bush told reporters, "I believe it's the right thing to do.'' He added, "The fundamental right of anyone, whether it's the governor or an ordinary person, to have their day in court, is a big deal."

As to the alleged violation of separation of powers, Connor said the judge's order to remove Terri's feeding tube had been honored. It was withdrawn and not reinserted for six days, he said.