Logourl black
From our private database of 13,800+ case briefs...

Bush v. Schiavo

Florida Supreme Court
885 So. 2d 321 (2004)


Facts

After Theresa Schiavo had been in a vegetative state sustained by nutrition and hydration tubes for eight years, her husband, Michael Schiavo (plaintiff), petitioned the Florida guardianship court for authority to terminate Theresa’s artificial life support. Theresa’s parents, Robert and Mary Schindler, opposed Michael’s petition. The guardianship court determined after a trial that Theresa, who did not have a written advance directive, would have chosen to terminate life support if she was competent to make the decision herself. After the guardianship court’s decision was affirmed on appeal, Theresa’s nutrition and hydration tubes were removed on October 15, 2003. However, the tubes were replaced shortly thereafter when Florida’s governor, Jeb Bush (defendant) issued an executive order staying Theresa’s removal from life support pursuant to Chapter 2003-418 (the Act), which had been passed by the Florida legislature six days after Theresa was removed from life support. The Act authorized the governor to issue a stay where nutrition and hydration were withheld from a patient who, as of October 15, 2003: (1) did not have an advance directive, (2) was in a “persistent vegetative state,” (3) had been removed from hydration and nutrition life support, and (4) had family members who challenged that removal from life support. The governor’s authority was to expire fifteen days after the Act became effective. Michael challenged the executive order and stay and the circuit court granted summary judgment in his favor. Governor Bush appealed to the Florida Supreme Court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Pariente, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.