IT IS THE CALM before the storm in the Terri Schiavo case. The Florida woman, who was in the throes of a court-ordered death by dehydration last October when Florida's legislature and Governor Jeb Bush intervened, continues to receive tube-supplied food and water. But this good news may not last. In December, as her family and many supporters celebrated her 40th birthday, their joy was tempered by the knowledge that powerful cultural forces are adamant that Terri Schiavo not live to see age 41.

The Schiavo case was one of the most important stories of 2003. The big news wasn't that she was ordered dehydrated to death: Conscious and unconscious cognitively disabled people like Terri are often denied tube-supplied food and water in America's hospitals and nursing homes. What made this case remarkable was the successful public campaign mounted by Terri's parents Bob and Mary Schindler to prevent their daughter from suffering a slow and potentially agonizing death. As a result, millions of people awakened to the ugly reality that we treat helpless humans in a way that would be criminal if done to a horse.

When more than 100,000 people contacted Florida governor Jeb Bush demanding that he intervene and save Terri's life, the result was the passage of "Terri's Law," a measure that permits the governor to suspend the removal of a feeding tube from patients (a) who do not have a written advance directive instructing that they not be nourished and (b) whose families disagree with the decision to dehydrate.

But Michael Schiavo, Terri's quasi-estranged husband--he's lived with another woman for several years and has two children with her--remains adamant that Terri die. Assisted by the American Civil Liberties Union (ACLU) and cheered on by the bioethics establishment and media, which view the case through a distorting "right to die" prism, Michael Schiavo sued to have Terri's Law declared unconstitutional. If he succeeds, Judge George Greer of Florida's Sixth Judicial Circuit will undoubtedly order Terri's feeding tube removed as he has done twice before.

As we await further court proceedings, it is a good time to take stock of the case, clear up some common misperceptions, and see whether anything can be done to prevent future Terri Schiavos.

The Myth of 19 Judges: Supporters of Terri's dehydration often argue that Terri's rights have been fully protected through extensive judicial oversight. Michael Schiavo put it this way on "Larry King Live": "Nineteen judges have come to the conclusion that this [dehydration] was Terri's wish." His attorney George Felos then added, "This case has gone from the trial court to the appellate Court to the Florida Supreme Court, to the U.S. Supreme Court, to the Federal District Court. All of those judges have looked at this case, have looked at the facts, and have found that Mike acted properly."

Well, bunk. The case has been shunted back and forth between the Sixth Judicial Circuit Court and the Florida Second District Court of Appeal, where the rulings have been repeatedly replayed like a looping audio tape. Only one trial judge and one appellate court actually reviewed the evidentiary record. Moreover, contrary to Felos's assertion, the Florida Supreme Court and the U.S. Supreme Court did not look at the facts. Rather, both declined to review the case. Refusing to rule is not the same thing at all as studying the record.