Florida court rejects Bush's bumbling
Published September 25, 2004
The Supreme Court of Florida has struck a blow for separation of powers. The name Terry Schiavo probably rings a bell. She is the Florida woman who has been breathing, but not living, for fourteen years. Efforts to allow her to pass peacefully have been thwarted by the pro-life movement. It contends that any body, even those without brains or brain stems, should be kept 'alive' through mechanical means. The conflict around Schiavo became particularly unpleasant because the governor of the state intruded into it. He and pro-life legislators hurriedly passed a law that forced Schiavo to continue her ordeal. The legislation put all power in regard to the issue in the governor's hands.
CNN has the details.
TALLAHASSEE, Florida (AP) — The Florida Supreme Court on Thursday struck down a law that was rushed through the Legislature last fall to keep a severely brain-damaged woman hooked up to a feeding tube against her husband's wishes.
The unanimous court said the law that kept Terri Schiavo alive violated the separation of powers between the judicial branch and the legislative and executive branches.
Lower courts had ruled that Michael Schiavo could have the tube removed, but the Legislature passed the law to overrule the courts. Gov. Jeb Bush then used the law to order the tube reinserted. The court's decision came just weeks after oral arguments.
. . ."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 Pariente wrote for the court. "That is precisely what occurred here."
The court said the law improperly delegated legislative powers to the governor, who had complete authority to issue or lift a stay.
- Florida court rejects Bush's bumbling
- Published: September 25, 2004
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- Section: Politics
- Writer: Mac Diva
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Michael Schiavo is the kind of character a good novelist would have created for a book about a right to die case. He makes the situation edgy. Think how less compelling the story would be if a goody two shoes husband was involved. A fellow who hasn't even touched 'down there' in fourteen years. Ole Mike figured out a way to have his cake and eat it to. Another aspect that is almost novelistic is how Terry Schiavo got into the predicament she is in. It was man against himself (oh, those male terms!), not man against nature, originally. And, we haven't reached the parents, yet. (She yawned, so she was responding to conversation. Right.) Joyce Carol Oates could have written this.
I am going to guess that something about Terry's situation, perhaps contributory negligence, made it a bad wrongful death case. So, the way to collect damages would be to keep her on life support. But, if the terms of that agreement have been fulfilled, there is no reason to continue with the life support, as you suggested.
Nobody deserves to be starved to death. I am from Serbia and what is happening in america is wrong! Terri is alive and she is God's precious gift. Taking water and food from her is a serious crime! How would you like it if i starved you to death~~ yes she may be on a feeding tube, but she is still alive if she is breathing than she is alive. She is not on any machines get the facts right!!! i am 100% for life. The world is watching america will your country stand for life or death. If you country stands for death may God in heaven have mercy on you all!!! Life what a beautiful choice! Give Terri to her parents.. Michael is living in MORTAL SIN with another woman.. he does not love TErry he just wants her money... what is is to say that a judge has the right to end life. starvation is the worst way to die. i see in america that it is a crime to starve a horse to death, then why are you starving a human being that has dignity and the right to life. Dying by starvation is agonizing pain it is sin to watch someone die and just stand by. America you need Jesus
Nikka zorana, your points are very misguided and poorly thought-out. Terri was 'alive' only in a physical sense. Her mind was dead, and she had no hope of ever becoming conscious again.
The feeding tube IS life support, because she couldn't feed herself or even swallow. She stated that she did not want to be kept alive in this state, and the courts consistently found that the wishes she expressed to her husband were valid and should be respected. Yes, she didn't put them in writing, but they were young and didn't think of things like this. However, Michael Schiavo still had many witnesses that confirmed what Terri's wishes were.
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Terri Schiavo's is a very sad case, but the law had to go. It allowed one government official to override the legal guardian's decision and/or the court's ruling. Even the FL legislature realized they'd made a mistake in passing the law.
I wrote a post about it a few months ago, when there had been another update in the case.
I think that it's the husband's right to make the feeding tube choice, but the guy gives me the creeps.