Posted on 10/29/2003 2:20:27 PM PST by kattracks
CLEARWATER, Fla. (AP) — A hastily passed state law that empowered Gov. Jeb Bush to keep a severely brain-damaged woman alive is unconstitutional, attorneys for the woman's husband claimed Wednesday.In a court filing, attorneys for Michael Schiavo challenged what Florida lawmakers dubbed "Terri's Law," which gave Bush the authority to order Terri Schiavo's feeding tube be reinserted Oct. 21. They asked that the law be overturned.
The filing's major contentions are that the law violates Terri Schiavo's right to privacy under the Florida Constitution and the separation of power provisions of the state constitution.
Michael Schiavo has been battling in court for years to carry out what he says is his wife's wish to not be kept alive artificially.
His in-laws, Bob and Mary Schindler, have fought him, saying their daughter had no such wishes and is not in a permanent vegetative state, as a probate judge has declared. They say she is responsive and could improve with therapy.
Is that like the "right to privacy" in the US Constitution? I.e., a figment of a fragment of a shade of a penumbra?
Was that child fathered before the Terri "accident" or after? I'll bet the mother of that child might have something to say about all of this . . . unless her child support payments depend on Terri's continued abuse.
Funny, no one asked about that. Guilty conscious, preempting questions?
Here's the info he didn't mention. His girlfriend works at an insurance company.
After Terri dead, and (if my guess is true) Michael collects, then he no longer needs his current girlfriend, she cannot collect child support or alimony. Isn't that nice?
Yes, but that was before the founders realized the judiciary would become a cadre of black-robed tyrants.
Hamilton wrote in the Federalist 78 the judiciary was the least of the branches to be feared, since judges could exercise neither will nor power.
Little did he know of how judges would exercise their will, and actually make law from the bench.
Little did he know of the judicial usurpations that were was to come: Roe v. Wade...Doe v. Bolton...Gratz v. Michigan...Lawrence v. Texas...etc. etc.
Thank you for contacting me to express your concerns regarding Terri Schiavo. I value your input on this important matter.During the past year, the Florida House has faced difficult choices in many areas. We have crafted legislation regarding the budget, healthcare, workers’ compensation, and prescription drug relief for Floridians. Presently, legislation is being considered to address the victims of legal dehydration and starvation deaths.
Every Floridian has a right to determine their own treatment, and anyone who has executed an advanced directive has the right to have his or her instructions carried out. Where there is no disagreement among family members, present law does not appear to create reasons for legislative intervention. However, the Terri Schiavo case raises troubling concerns that the proposed legislation would address.
The bill passed by the House in Special Session “E” on Monday night would allow the Governor to issue a moratorium to stop contested legal dehydration and starving deaths in Florida in certain instances. The moratorium would give the Legislature time to assess our current law.
With our pledge to protect the most vulnerable, I strongly believe that someone needs to be a voice for the voiceless like Terri Schiavo.
Again, thank you for contacting me. I will take your comments to heart and give them careful consideration as we address the issue of contested legal dehydration and starvation cases.
Very truly yours,
Johnnie Byrd
Speaker
I don't buy any of your "facts."
In my humble opinion, both the law and the facts on the side of Judge Greer, the Second District Court of Appeals, the Florida Supreme Court and the US Supreme Court.
And if the highest court of the land upholds this 15-day-shelf-life law, created especially to overcome a judicial outcome, then the law will be on the side of the Schindlers.
What will happen the next time there is another Terri Schiavo in Florida? Will the legislature pass another special law?
What will happen when a new governor is elected? Will the new governor lift the stay on Terri Schiavo?
"Terri's Law" did not fit the systemic problem in Florida, nor saved Terri's life indefinately, even if upheld by the highest court.
Both Floridians and Terri deserve finality on this issue.
I read 'reports' from Terri's friends that said he was very controling. After reading about the girlfriend doing Terri's laundry and the girlfriend's mother standing guard....I think I believe these 'reports'. I've been there, done that...just different circumstances.
I knew Terri had worked for an insurance co. but didn't know about the girlfriend. Do you have a source?
When asked if Michael and Judy had plans to marry after Terri dies, Michael stated, "WE (meaning he) like things just the way they are"
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