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House speaker Byrd defends law keeping brain-damaged woman alive
NEPA News ^ | November 10, 2003 | AP

Posted on 11/10/2003 7:06:03 PM PST by sweetliberty

Florida House Speaker Johnnie Byrd defended in court papers Monday a hastily passed law that allowed Gov. Jeb Bush to order the reinsertion of a severely brain-damaged woman's feeding tube. Meanwhile, an attorney for Bush asked the 2nd District Court of Appeal to throw out a lawsuit that contends lawmakers and the governor overstepped constitutional bounds when Bush ordered Terri Schiavo's tube reinserted Oct. 21 despite her husband's wish that she be allowed to die.

An attorney for Byrd asked Circuit Judge W. Douglas Baird for permission to intervene through a friend-of-the-court brief, which argues that the Legislature has the legal authority to change laws, even if it alters decisions made by the courts.

Florida courts had repeatedly affirmed the right of Terri Schiavo's husband, Michael, to remove her feeding tube because he's her legal guardian. She had gone without water and nutrition for six days when the Legislature and Bush stepped in to have the tube reinserted.

"The Legislature's role in establishing public policy is paramount and its role in regulating the actions of the other branches is significant," Byrd's brief said.

Byrd also contends that the Legislature gave Bush guardianship responsibilities that made it legal for the governor to intervene in the case.

Michael Schiavo and his wife's parents, Bob and Mary Schindler, have fought in court for years over his desire to remove the feeding tube. He contends she would not have wanted to be kept alive artificially.

But the Schindlers say their daughter had no end-of-life wishes and believe she can be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.

Michael Schiavo's attorney, George Felos, working closely with the American Civil Liberties Union, is challenging the constitutionality of what some have termed "Terri's Law," arguing that it violated Terri's Schiavo's right to privacy and violates separation-of-power provisions in the Florida Constitution.

Last week, Baird denied a motion by Bush's attorney, Kenneth L. Connor, to throw out Felos' suit. Connor contended that it was invalid because Bush had not been personally served and because it was not filed in Tallahassee where the governor is based.

Connor appealed Baird's decision to the 2nd District on Monday, triggering an automatic stay in the case until the issue is settled. A brief from the governor defending the constitutionality of the law was due Monday, but Connor filed the appeal instead.

Some doctors and a judge have ruled that Terri Schiavo, who was raised in the Philadelphia suburb of Huntingdon Valley, Pa., is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart temporarily stopped, cutting off oxygen to her brain, because of a chemical imbalance.

Messages left with Felos and Connor were not immediately returned Monday.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: georgefelos; governorjebbush; kenconnor; michaelschiavo; terrischiavo; terrislaw
I didn't see that this had been posted.
1 posted on 11/10/2003 7:06:03 PM PST by sweetliberty
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To: sweetliberty
You know ,it really irritates me when I read that she has no hope of recovery. How do they know? Even if so, SO WHAT? She has the right to food and water , just like she is. Is she recovers any at all, that would be wonderful but is irrelavent as far as I'm concerned.
2 posted on 11/10/2003 7:13:23 PM PST by CindyDawg
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To: sweetliberty
House speaker Byrd defends law keeping brain-damaged woman alive

Why? Is he dieing? Trying to make ammends with the maker before he goes?

3 posted on 11/10/2003 7:22:55 PM PST by concerned about politics ( As a rightous man declarith a thing, so shall it be.)
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To: concerned about politics
??????? Without his help I don't think the law could have been passed in the first place.
4 posted on 11/10/2003 7:25:40 PM PST by CindyDawg
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To: CindyDawg
Without his help I don't think the law could have been passed in the first place.

I though Bush and his legislators in Florida saved Teri. How'd "pretty, pretty, pretty" get into it?

5 posted on 11/10/2003 7:29:54 PM PST by concerned about politics ( As a rightous man declarith a thing, so shall it be.)
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To: concerned about politics
Not KKK Byrd. Florida's Johnnie Byrd.
6 posted on 11/10/2003 7:31:36 PM PST by Simmy2.5
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To: Simmy2.5
Not KKK Byrd. Florida's Johnnie Byrd.

Oh. LOL. I had visions of an old Democrat fat guy when I read this. LOL. No wonder it seemed odd he'd suppoprt life. I thought for sure he must be dieing!
Maybe I should give it up and go to bed?

7 posted on 11/10/2003 7:35:32 PM PST by concerned about politics ( As a rightous man declarith a thing, so shall it be.)
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To: sweetliberty
Why should he have to defend it? What law did they break by passing the bill to protect her? I thought the case hadn't been ruled on by a federal court.
8 posted on 11/10/2003 7:39:13 PM PST by GulliverSwift (Howard Dean is the doppelganger of the Joker, only more insane.)
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To: concerned about politics
You're not the only one. When I read the title, I immediately thought "See what he can do, when he pulls his head out of his backside!". Then, I saw that it wasn't Senator Whigger.
9 posted on 11/10/2003 7:39:48 PM PST by Paul Atreides (Is it really so difficult to post the entire article?)
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To: Simmy2.5
"KKK Byrd"...LOL.
10 posted on 11/10/2003 7:39:52 PM PST by Holden Magroin
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To: sweetliberty
ha ha you got me!

I thought "Sheets" was now switching to pro life defend the meek (who cant vote) position.

I now see its a diff Byrd.
11 posted on 11/10/2003 8:28:34 PM PST by Kay Soze ('Tis safer in the Suni triangle than in liberally controlled Los Angeles.)
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To: concerned about politics
Are you confusing him with "Sheets" Byrd in Washington? No, this is Johnny Byrd...house speaker in Florida.
12 posted on 11/10/2003 8:46:52 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Kay Soze
"I thought "Sheets" was now switching to pro life defend the meek (who cant vote) position."

Are you kidding? THAT Byrd wants them dead so they CAN start voting again. They're no use to him alive.

13 posted on 11/10/2003 8:48:45 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
Killing her is disgusting enough but starving her to death is an act which leaves me totally astonished.. Imagine starving a person to death. Gruesome..
14 posted on 11/10/2003 9:51:31 PM PST by a_Turk (Threatened by shadows at night, and exposed in the light....)
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To: a_Turk
Yes its cruel.

But remember we are talking about compassionate liberals that do much worse to little babies for cash and prizes.
15 posted on 11/10/2003 10:30:52 PM PST by Kay Soze ('Tis safer in the Suni triangle than in liberally controlled Los Angeles.)
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