Bush V. Schiavo Case Study

Case: Bush v. Schiavo. 885 So. 2d 321 (Fla. 2004)

Facts: Theresa Schiavo suffered cardiac arrest on February 25, 1990 which caused her to be in persistent vegetative state for eight years. Her husband (plaintiff), Michael Schiavo, petitioned to terminate the prolonging life procedures, which meant going against Theresa's parents, Mary and Robert Schindler, by removing her nutrition and hydration tubes that will also discontinue Theresa's life. Theresa has lived in nursing homes with constant care since 1990; by 1996, Theresa's CAT scans showed abnormal structure, her cerebral cortex was gone and was replaced by cerebral spinal fluid. Over the span of a decade, Theresa's brain was starting to deterioraet due to the lack of oxygen that it suffered

Both Michael and the Schindlers presented valid evidence that issued extensive written order that would authorize the discontinuance of Theresa's artificial life support. This issue required the Court to decide the "constitutionality of a law" and after considering the arguments of the parties, the constitutional issues raised. This procedural history is important because it provides backdrop to the "Legislature's enactment of the challenged law" and separation of powers. However, the procedural history of the Governor's assertion that chapter 2003-418, Laws of Florida, was passed to protect the due process rights of Theresa and other individuals who had the same conflict as she did. After the trial, the court found the evidence convincing and came to the conclusion that if Theresa were competent and conscious, she too, would probably cease the prolonging life procedures if it were her own decision. Although the court came to this decision, the Second District explained Theresa's medical conditions that she is technically not asleep and is it important to understand that being in persistent vegetative state does not simply mean being in a coma. She has cycles of apparent