A Family At War

By Tim Padgett; Dee Gill; Michael Peltier

After the Florida legislature thrust itself last week into the debate over whether Terri Schiavo should be allowed to die, by authorizing Governor Jeb Bush to order the reinsertion of her feeding tube, the acrimonious battle entered a new and possibly protracted round in the courts. But in the court of public opinion, at least, the finger-pointing over what led to Terri's 1990 collapse at age 26 could get nastier. Her parents, Bob and Mary Schindler (who want her kept alive), have suggested that her husband Michael Schiavo (who insists she would not have wanted to live in her vegetative state) physically abused her. He vehemently denies the charge. But one possible cause of her collapse could soon become an issue. In a 1992 medical-malpractice suit brought by Michael, bulimia was raised as a possibly significant factor in the cardiac arrest that caused her brain damage. (She was considered seriously underweight at the time.) Terri's alleged eating disorder could be used by both sides--and most probably will be. The Schindlers believe verbally abusive behavior by Michael led to the bulimia. Michael denies that, and his supporters insist the eating disorder dates back to Terri's weight problems as a child.

Meanwhile, expect the new court battle to be drawn out. Michael is challenging the constitutionality of actions by Bush and the legislature countermanding a court ruling just days earlier that Terri's feeding tube should be removed. Legal scholars predict the reinsertion order will be overturned as an unconstitutional violation of the separation of powers. Michael's lawyers say they hope to have the state supreme court do just that in a few weeks. Their opponents would probably appeal it first to Florida's district court of appeals, say sources familiar with the case. The reason: Bush and the Christian right feel a protracted legal battle works in their favor by giving them more time to galvanize public opinion behind them.

--By Tim Padgett, Dee Gill and Michael Peltier