In a unanimous decision, the seven justices said the Legislature and the governor overstepped their bounds and violated the state constitution's tenet of separation of powers in October 2003 when Bush used the hastily crafted Terri's Law to order a feeding tube reinserted after Terri Schiavo had gone six days without nourishment.

``It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case,'' Chief Justice Barbara J. Pariente wrote. ``That is precisely what occurred here and for that reason the act is unconstitutional.''

Bush, who has acknowledged getting involved in the case after being deluged with e-mail and other communication from people opposed to the feeding tube's removal, maintained his position Thursday.

``In my heart I believe we did what was right, but we respect the Supreme Court decision,'' the governor said.

The Supreme Court ruling is not final until Bush has a chance to ask for a rehearing, but it is unlikely the governor can come up with a persuasive argument to that effect, his attorney, Ken Connor, acknowledged.

Likewise, ``the options are severely limited'' as to whether Bush can find a federal issue that would allow him to appeal the case to the U.S. Supreme Court, Connor said.

The Florida justices limited their review to the separation of powers issue and a finding that the Legislature also delegated too much of its own authority to the governor when it passed Terri's Law. That, Connor said, means the justices still have not considered whether lower court findings that Terri Schiavo would not want to be kept alive were proper.

``If Terri Schiavo were Ted Bundy, convicted by a jury beyond all reasonable doubt of serial killings, the high court would have to review the facts of the case,'' Connor said. ``Here, everything has been done on an expedited basis.''

Ruling A `Huge Milestone'

Lawyer George Felos, who has represented Michael Schiavo throughout a more than six-year quest for court permission to end his wife's life, said that her parents, Bob and Mary Schindler, with the aid of the governor, have waged a battle of delay and postponement of the inevitable.

``A point in time comes when the phrase `justice delayed is justice denied' comes into play,'' Felos said. ``It is time to have Terri's wishes carried out. This is a huge milestone in the case.''

Michael Schiavo, who has been his wife's guardian since she had heart failure in 1990 at age 26, contends she made him promise not to keep her alive by artificial means if she ever fell ill with no hope of recovery. Most doctors involved in the case say Terri Schiavo is in a persistent vegetative state and her brain was destroyed by a lack of blood after her heart failure.

The Schindlers say their daughter reacts to them during bedside visits and could improve if given aggressive therapies.

Terri Schiavo lives at a Clearwater nursing home and is in good health, Felos said Thursday.

After a nonjury trial in January 2000 in Clearwater, Circuit Judge George Greer ruled testimony from Schiavo and his relatives showed Terri Schiavo would not want to be kept alive. That ruling was repeatedly affirmed by appellate courts, and in August 2003 the 2nd District Court of Appeal issued a mandate ordering Greer to schedule the feeding tube's removal.

Bush, saying he wanted to investigate the woman's wishes, ordered the tube reinserted six days after it was removed and after the Legislature passed the now unconstitutional Terri's Law.

Back To Circuit Court

Now the case will head back to Greer's courtroom, where a hearing on what amounts to the Schindlers' request for a new trial is scheduled for next week.

The St. Petersburg couple are fighting their legal battle on three fronts.

They are appealing Greer's refusal to remove Michael Schiavo as their daughter's guardian on the grounds he has not followed state guardianship law by filing annual plans for his wife's care.

Schiavo's suitability as guardian also is under attack in a motion before Greer that accuses him of having a conflict of interest and motive to end his wife's life. Schiavo is engaged to another woman and lives with her, along with their two children, in the north Clearwater community of Countryside. He works as a nurse at a nearby hospital.

The majority of more than $700,000 awarded in a medical malpractice case for Terri Schiavo's perpetual care has been spent by Schiavo in the legal battle with his in-laws. Any assets remaining from his approximately $300,000 award from the same 1993 malpractice case could be considered joint property if he were to divorce his wife.

Schindler attorney Pat Anderson is scheduled to take Schiavo's sworn deposition next week.

Invoking Words Of The Pope

Anderson said her strongest challenge may be a third action. It asks Greer to reconsider his 2000 verdict in light of a speech made by Pope John Paul II in March.

The pope said food and water are not considered medication under church teachings and never should be withheld from a person in a persistent vegetative state. The pontiff also took issue with the term ``vegetative,'' stating it was an affront to human dignity.

Schiavo contends his wife no longer was a devout Catholic.

Anderson said Thursday that she now has evidence Terri Schiavo attended Mass within 12 hours of her 1990 collapse.

``There is no way Terri Schiavo would act in defiance of that papal pronouncement,'' she said of John Paul's speech.

Greer said next week's hearing will determine whether there will be a trial over Anderson's contention that his 2000 ruling no longer is equitable in light of the pope's position.

``It's a two-step process,'' the judge said. ``First, the court needs to determine if the motion is legally sufficient, and if so, we proceed to trial.''

Reporter David Sommer can be reached at (727) 799-7413.