A hearing scheduled for tomorrow is the first legal test of a Florida law that gave Governor Jeb Bush the right to have a feeding tube reinserted into a brain-damaged woman.
An attorney for Michael Schiavo is asking a circuit court judge in Pinellas County, Florida, to declare the measure dubbed "Terri's Law" unconstitutional.
The Florida legislature passed a law in October that allowed Bush to override a court order to remove the tube. Without it, Terri Schiavo would have died.
Attorneys for Bush will argue the intervention was legal.
The 40-year-old woman has been in a persistent vegetative state for 13 years. Her husband says she would want to die, but her parents believe she could be rehabilitated.