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Bush v. Schiavo

Florida Supreme Court

885 So. 2d 321 (2004)

Relevant factsFree

After eight years in a vegetative state, Theresa Schiavo's guardianship court, following a trial, found she would have chosen to have her life-sustaining nutrition and hydration tubes removed, and this decision was affirmed on appeal over the objection of her parents; the tubes were removed on October 15, 2003. Six days later, the Florida legislature passed an act letting the governor stay removal of life support for patients matching Theresa's exact circumstances as of that date, and Governor Jeb Bush (defendant) issued an executive order under that act ordering the tubes reinserted. Michael Schiavo (plaintiff), Theresa's husband, challenged the executive order and act; the circuit court granted him summary judgment, and Governor Bush appealed to the Florida Supreme Court.

IssueFree

Whether legislation that overturns a fully litigated final judgment is constitutional under the Florida state constitution.

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