Separation of Powers" Brief: Separation of Powers: Bush v Schiavo, 885 So. 2d 321 (2004)
After Theresa Schiavo had been in a vegetative state sustained by nutrition and hydration tubes for eight years, her husband, Michael Schiavo (plaintiff), petitioned the Florida guardianship court for authority to terminate Theresa’s artificial life support. Theresa’s parents, Robert and Mary Schindler, opposed Michael’s petition. The guardianship court determined after a trial that Theresa, who did not have a written advance directive, would have chosen to terminate life support if she was competent to make the decision herself. After the guardianship court’s decision was affirmed on appeal, Theresa’s nutrition and hydration tubes were removed on October…show more content… The governor’s authority was to expire fifteen days after the Act became effective. Michael challenged the executive order and stay and the circuit court granted summary judgment in his favor. Governor Bush appealed to the Florida Supreme Court.
By a unanimous vote, the Court held that “Terri’s Law” violated the separation of powers clause of the Florida Constitution. The Court held that Terri’s law gave the Governor the power to reverse a final judgment that had properly been entered by a trial court. By authorizing the Governor to do so, “Terri’s Law” constituted an unconstitutional encroachment on the power granted to the judiciary under the Florida Constitution.
The Court also held that “Terri’s Law” improperly delegated legislative power to the Governor. The Court noted that the Legislature failed to provide any standards by which the Governor should determine when to issue a stay, or how long a stay should remain in effect. The law also gave the Governor absolute discretion to determine when to lift a
