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Court challenge to order on brain-damaged woman expected this week
(CNN) -- The husband of a brain-damaged Florida woman at the center of a bitter right-to-life battle is expected to file a legal challenge to Florida Gov. Jeb Bush's order reinserting a feeding tube into the woman. Michael Schiavo plans to argue in court that Bush's order that led to Terri Schiavo's feeding tube being reinserted is unconstitutional. The challenge is expected to be filed by Wednesday, CNN's Susan Candiotti reported. Terri Schiavo has been in what doctors call a "persistent vegetative state" since 1990, when her heart stopped because of a chemical imbalance. Her eyes are open, but doctors say she has no consciousness. Michael Schiavo contends that his wife told him she would rather die than be kept alive artificially, but family members dispute that. They believe she still could recover and have fought Michael Schiavo in court for a decade. The tube was removed by a court order on October 15, but the Legislature last week rushed through a bill designed to keep Terri Schiavo alive. Bush quickly invoked the law and ordered the feeding tube reinserted. George Felos, attorney for Michael Schiavo, said last Friday the he planned to argue that the new law violates an individual's right to refuse medical care. According to an Associated Press report, Felos also intended to argue that it violates the separation of powers by allowing the Legislature and the governor to overrule a court. Legal scholars said the Florida state Legislature cannot pass laws that apply retroactively and narrowly to specific individuals, the AP reported. Separately, Felos told The Palm Beach Post that the doctor who has cared for Terri Schiavo since 1998 has resigned. Dr. Victor Gambone had testified that the removal of the tube would allow her to die peacefully within days. Morton Plant Hospital, where Terri Schiavo was taken last Tuesday for the tube to be reinserted, had brought in another specialist to take over for Gambone, Felos said. Terri Schiavo's parents and brother visited her for more than an hour last Thursday in the hospice where she was transferred after the tube was reinserted. The state law approved last week requires that a guardian be appointed to represent Terri Schiavo's interests in court. Both sides were given five days to agree on a guardian. If they can't agree, the judge will appoint one. Copyright 2003 CNN. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press contributed to this report.
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