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CNN Live Saturday

Is Florida's One-Time Law Protecting Terri Schiavo Constitutional?

Aired October 25, 2003 - 14:15   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


ANDREA KOPPEL, CNN ANCHOR: So could the Schiavo case in Florida set a precedent, a state legislature overriding a court ruling? Kendall Coffey is a former U.S. attorney and he joins us now from Miami.
Mr. Coffey, as we heard in that report, this is a one-time only law. I can't imagine but that this will end up either at the Florida Supreme Court or at the U.S. Supreme Court.

KENDALL COFFEY, FMR. U.S. ATTORNEY: In fact, Andrea, it seems very clearly that it's headed for some higher ruling. It's very dramatic. Some of the issues are close, and yet the core question of whether or not a legislature can overrule a decision that's been in the Florida court system for years, carefully considered by multiple judges as multiple levels, extensive medical evidence, that kind of question is so important, that some authority, as you say, even the Supreme Court of Florida, perhaps the U.S. Supreme Court, is going to say, isn't the legislature going too far? Doesn't that violate the fundamental doctrine of separation of powers, core to the democratic society?

KOPPEL: There's something that I don't understand. I'm hoping you can explain it to me, because, according to Florida State law, the spouse is supposed to -- in this case, Michael Schiavo -- have the right to say if his spouse -- in this case, Terri -- has the right to live or die. So how can the Florida legislature overrule Florida law like that?

COFFEY: And that gets to an important question. Who really knows all the facts here? The Florida legislature had 24 hours or so with this case. It has been in the Florida judicial system for years. And, in fact, what Michael Schiavo did is he went to court some years ago to ask the judge to make a determination as to whether or not Terri Schiavo herself wished to have this kind of extraordinary life- sustaining treatment continued or not after 10 years, essentially helpless in a medical bed.

So this has been very carefully examined by the court system. The court decision itself at multiple levels, four different appellate decisions has ruled. And that's why this case I think has national significance, because if it can be done here, if the Florida legislature can overrule a judge's decision here, it's going to have major ramifications everywhere in this country.

KOPPEL: Would it have made a difference in this case if Terri Schaivo was completely brain dead? Is the sort of fly in the ointment -- I'm sorry for using that expression -- but is the twist here the fact that she's in a mostly or primarily vegetative state?

COFFEY: Well, that's part of the controversy, as you say. Although, the parents of Terri Schiavo have presented doctors who contradicted the basic principle that she is in a persistent vegetative state. What is really at the core of this is, at some point, you have to have someone able to make a decision.

It's done traditionally in our courts. Andrea, this is not the first time our courts have examined the situation of one of these tragic legal controversies over the continuation of life-sustaining medical treatment. Up to now, it's been handled, painful as it is, in a system where all the medical evidence sometimes in disagreement can be heard. There's rights of appeal; both sides are fully developed.

And at some point, the system reaches an answer. If it goes into the legislature for 24 hour same-day service, you're going to have a very different landscape for dealing with these awfully painful decisions.

KOPPEL: Well, I think that it is another painful reminder to all of us that we should have a living will and keep our families, prevent our families from having to make these incredibly painful decisions. Kendall Coffey, thank you for joining us from Miami.

COFFEY: Thanks, Andrea.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




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Aired October 25, 2003 - 14:15   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDREA KOPPEL, CNN ANCHOR: So could the Schiavo case in Florida set a precedent, a state legislature overriding a court ruling? Kendall Coffey is a former U.S. attorney and he joins us now from Miami.
Mr. Coffey, as we heard in that report, this is a one-time only law. I can't imagine but that this will end up either at the Florida Supreme Court or at the U.S. Supreme Court.

KENDALL COFFEY, FMR. U.S. ATTORNEY: In fact, Andrea, it seems very clearly that it's headed for some higher ruling. It's very dramatic. Some of the issues are close, and yet the core question of whether or not a legislature can overrule a decision that's been in the Florida court system for years, carefully considered by multiple judges as multiple levels, extensive medical evidence, that kind of question is so important, that some authority, as you say, even the Supreme Court of Florida, perhaps the U.S. Supreme Court, is going to say, isn't the legislature going too far? Doesn't that violate the fundamental doctrine of separation of powers, core to the democratic society?

KOPPEL: There's something that I don't understand. I'm hoping you can explain it to me, because, according to Florida State law, the spouse is supposed to -- in this case, Michael Schiavo -- have the right to say if his spouse -- in this case, Terri -- has the right to live or die. So how can the Florida legislature overrule Florida law like that?

COFFEY: And that gets to an important question. Who really knows all the facts here? The Florida legislature had 24 hours or so with this case. It has been in the Florida judicial system for years. And, in fact, what Michael Schiavo did is he went to court some years ago to ask the judge to make a determination as to whether or not Terri Schiavo herself wished to have this kind of extraordinary life- sustaining treatment continued or not after 10 years, essentially helpless in a medical bed.

So this has been very carefully examined by the court system. The court decision itself at multiple levels, four different appellate decisions has ruled. And that's why this case I think has national significance, because if it can be done here, if the Florida legislature can overrule a judge's decision here, it's going to have major ramifications everywhere in this country.

KOPPEL: Would it have made a difference in this case if Terri Schaivo was completely brain dead? Is the sort of fly in the ointment -- I'm sorry for using that expression -- but is the twist here the fact that she's in a mostly or primarily vegetative state?

COFFEY: Well, that's part of the controversy, as you say. Although, the parents of Terri Schiavo have presented doctors who contradicted the basic principle that she is in a persistent vegetative state. What is really at the core of this is, at some point, you have to have someone able to make a decision.

It's done traditionally in our courts. Andrea, this is not the first time our courts have examined the situation of one of these tragic legal controversies over the continuation of life-sustaining medical treatment. Up to now, it's been handled, painful as it is, in a system where all the medical evidence sometimes in disagreement can be heard. There's rights of appeal; both sides are fully developed.

And at some point, the system reaches an answer. If it goes into the legislature for 24 hour same-day service, you're going to have a very different landscape for dealing with these awfully painful decisions.

KOPPEL: Well, I think that it is another painful reminder to all of us that we should have a living will and keep our families, prevent our families from having to make these incredibly painful decisions. Kendall Coffey, thank you for joining us from Miami.

COFFEY: Thanks, Andrea.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




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