A state appeals court has lifted a stay that blocked a brain-damaged woman's husband's fight with Governor Jeb Bush over a new law that restored her feeding tube.
The ruling by the 2nd District Court of Appeal in Lakeland is a victory for Michael Schiavo. He has fought his in-laws in court for years for the right to remove the tube. Schiavo says his wife Terri would not want to be kept alive artificially.
Michael Schiavo's attorney, George Felos, asked the appellate panel Monday to let his constitutional challenge to the new law move forward. Bush has taken issue with the challenge on technical grounds.
Bush's attorneys have until five this evening to file papers with their arguments on the constitutionality of new law in Circuit Court in Clearwater.
Michael Schiavo contends that the hastily passed law that let Bush order reinsertion of Terri Schiavo's feeding tube is unconstitutional because it violates her right to privacy. He also says it violates the separation-of-power provisions of the Florida Constitution.