Bush v. Schiavo

Summary

The Supreme Court of Florida held that chapter 2003-418, Laws of Florida, which authorized the Governor to issue a stay preventing the withholding of nutrition and hydration from certain patients, violated the constitutional separation of powers. The court concluded that the Act encroached on the judicial branch by permitting executive interference with a final guardianship judgment concerning Theresa Schiavo. The court affirmed the trial court’s declaration that the Act was unconstitutional both on its face and as applied.

Holdings

1. Chapter 2003-418 was unconstitutional as applied because the Governor's executive stay effectively reversed a properly rendered final judicial judgment authorizing withdrawal of Theresa Schiavo's life-prolonging procedures, thereby encroaching on the judicial power.
2. Chapter 2003-418 was unconstitutional on its face because it delegated legislative authority to the Governor without adequate standards or guidelines for deciding whether to issue a stay, how long it should remain in effect, or whether to lift it.
3. The Act was not saved by the Governor's asserted parens patriae authority or by the claim that it provided additional due process protection, because the Act failed to require consideration of the patient's wishes, supplied no procedural protections, and did not comply with the Constitution.

Questions Presented

1. Whether chapter 2003-418, Laws of Florida, unconstitutionally encroached on the judicial branch by authorizing the Governor to interfere with a final judicial judgment concerning Theresa Schiavo.
2. Whether chapter 2003-418 unconstitutionally delegated legislative authority to the Governor by providing no standards or guidelines governing issuance or lifting of the authorized stay.
3. Whether the Act violated the constitutional right to privacy or constituted unconstitutional retroactive legislation.

Disposition

affirmed