State could rescue Terri despite judge's denial

www.wnd.com ^ | March 23, 2005 | WorldNetDaily.com

[Antoninus]

What exactly is the practical downside of executive intervention in this case? I really don't see one.

Neither do I. I don't even see a political downside. The more media exposure this case gets, the bigger loser it is for the pro-death side. Heck, I even heard a totally anti-Republican sports talk show host in Philadelphia condemning what's going on in Florida yesterday.

GOVERNOR BUSH ----- ACT NOW!!!

[MTOrlando]

I guess one question is whether an action by the state agency even comes within the ambit of the district court's order. Perhaps the order just directs the hospital.

The Florida Constitution grants the governor "supreme executive" power and also makes him commander in chief of the national guard. He is bound to follow "the law", not to obey the orders of the judiciary.

If he did not consider his office subservient to the will of the judges, he would simply order the executive branch to take custody of her by force if necessary.

The judiciary would probably hold him in contempt, possibly even order his arrest - but they have no authority to compel anyone to actually carry out their order.

If this were resolved in true accordance with constitutional principles, the third branch of government, the legislature, would be the final arbiter of the situation - they could impeach the governor if he abused the authority of his office, or not.

The only solution to this problem is to elect executives who see themselves as equals to the judiciary, rather than being absolutely constrained to abide by the will of the judges.

BTW, MTOrlando, Orlando is one of my favorite places in the whole world.

Yeah, it is a great place to live - but if I have to worry about being subject to a judicial death warrant the next time I catch a cold, I'm outta here.

[Rutles4Ever]

Of course they knew SCOTUS wouldn't touch this. Of course Jeb had to know that Greer would bitch-slap the executive branch and tell DCF to f' off.

That said, if Jeb didn't have a plan B that went into action after the SCOTUS punt, I doubt a plan B ever existed.

Can anyone be trusted anymore?

[hunter112]

I did notice on last night's NBC News broadcast that it was finally mentioned that MS is a philanderer.

[TAdams8591]

Of course GREER said NO. There was never a doubt that he would say anything other then no. GREER wants Terri dead.

I can't believe the idiocy of making such a request to him.

Jeb must act! This is disgraceful!

[UCANSEE2]

Judiciary has taken over power and doesn't pay attention to any laws it doesn't like.

It has been that way a long time, it is just cases like this that bring it to people's attention.

[alarm rider]

"It's a standoff where no one dares to do the right thing".

I think that says it all.

[The Hollywood Conservative]

I agree... I have nothing against Terri Shiavo's life ending IF that's what SHE truly wanted. Unfortunately, she didn't have a living will or Health Care Directive. So we are left to take testimony of what she expressed when she was a 26 year old healthy woman.

I, like many, DON'T take the husbands testimony as credible because of three factors: 1. He didn't mention it BEFORE he had the money. 2. He has clearly moved on with his life. 3. There seems to be some possibility he put her there in the first place.

Add to this that there is controversy as to WHAT her actual mental and physical state IS, and it STINKS!

[syriacus]

You would prefer that Bush act like Hitler, bring in his geshtapo and destroy the rule of law for millions? When did

Martin Luther King's Letter from Birmingham Jail:
"It was "illegal" to aid and comfort a Jew in Hitler's Germany."

[Rutles4Ever]

Jeb should have been ready with a press conference the moment Anthony Kennedy (man, talk about a last name that has become the scourge of a nation) punted. Ruling hits wires, Jeb announces DCF will intervene anyhow.

Nothing but silence.

Plan B is hide behind SCOTUS...

[Rytwyng]

Hate to rain on your parade, but this is one of those laws that are never enforced and if it is tried they are promptly declared unconstitutional.

Of course... but perhaps it would work as a delaying tactic. And a moral statement... the world needs to see Michael Schiavo hauled off in handcuffs, even if he does get sprung later.

[MTOrlando]

You would prefer that Bush act like Hitler, bring in his geshtapo and destroy the rule of law for millions? When did God die and put you in charge?

If the Governor or the President took inappropriate action by sending in the troops, the legislature holds the power to impeach. If the chief executive uses his authority to do the right thing, he doesn't get impeached. It is as simple as that.

[IamHD]

I don't understand (maybe you can enlighten me) why Governor Bush cannot step in. If you have a person sentenced to death for murder, he can commute their sentence to life. What is the difference with Terri? Terri is an innocent person that hasn't hurt a soul. I don't get it. :(

[Jimmyclyde]

(rushing to put on my asbestos suit....)

I'm not going to flame ya dude.

[dennisw]

State troopers come in, the locals stand down at the orders of their respective superiors...who are also subject to the Guv's orders.
_________________

State troopers are by law confined to the highways and roads in Florida. If anyone has different please post

[ex 98C MI Dude]

They also are empowered to act in cases of local corruption in the local LEAs. But there is no allegation of that, so the State Police would be powerless to act, even with a direct order from the Governor. There will be no 'rescue mission' to save her. All we have seen to this point is hot air, because that is all the politicians have to offer.

She will die. Hopefully some good can come of it, such as reform of the laws and of the judiciary. But somehow, I really doubt it. In six months, most of America will have forgotten this.

[UCANSEE2]

Scamming Medicare/Medicaid by putting old folks in a hospice with almost no funds being spent on their care, and waiting for them to die is a BIG MONEY MAKER that organized crime (and believe me, FLORIDA is the HQ ) has gotten involved in ever since they got laws past the people and passed by the politicians that allow PULLING THE PLUG.

They saw the potential for BIG BUCKS, and TERRI is part of the PRECEDENT setting cases to allow them to do this to people of ANY AGE.

Michael is their posterboy.

[UCANSEE2]

Leave Terri's and Michael's fate in the hands of the Almighty where it belongs.

I don't understand your statement. Should I find you laying beside the road, bleeding to death, should I say the same to you?

[Madeleine Ward]

Can anyone explain why the press conference yesterday?

If the DCF can take Terri into custody without Greer's OK, why don't they?

I think the only truly caring and righteous people in this whole sorry mess are the two nurse who RISKED their jobs to help Terry, and yes, they got fired.

But Jeb won't risk his. Neither will those DCF people. Shameful.