Bush facing court test to defend Terri's Law

South Florida Sun-Sentinel ^ | November 8, 2003 | Sean Mussenden

[nickcarraway]

Gov. Jeb Bush must return to court early next week to defend Terri's Law, a judge ruled Friday, setting up a constitutional showdown over Bush's involvement in a nationally watched right-to-die case.

Earlier this week, Bush asked a judge to throw out a lawsuit brought by Terri Schiavo's husband, which challenged the law that allowed Bush to restore his severely brain-damaged wife's feeding tube.

Pinellas County Circuit Judge W. Douglas Baird denied the governor's request Friday, and commanded Bush's attorneys to explain by close of business Monday why he should not declare Terri's Law unconstitutional.

[nickcarraway]

ping

[Mr. Silverback]

ProLife Ping!

If anyone wants on or off my ProLife Ping List, please notify me here or by freepmail.

[Victoria Delsoul]

Pro-choice groups, however, said they were chilled by Bush's choice of Connor. Because of Connor's anti-abortion advocacy, they see his involvement in this case as an effort to chip away at the state's privacy right, which besides being at the center of this case, guarantees a woman's right to an abortion. "He's a frightening person, and Jeb Bush is a frightening person for hiring him," said Linda Miklowitz, president of Florida National Organization for Women.

Right. Connor and Jeb Bush are frightening persons for trying to save someone's life. As Connor indicates, "this case has nothing to do with Florida's privacy right as it relates to abortion. Nor is it about politics. It is about Terri Schiavo and, he said, other disabled people like her", but try to tell them that.

[Graymatter]

Linda Miklowitz, who finds Bush so frightening, can be reached at President@flnow.org or Lmiklowitz@aol.com

I got those at a page from the Florida NOW website. The one where they object to the unnecessary execution of Paul Hill.

"We believe that life begins at birth, and we're very pro-life from that point...we deplore unnecessary loss of life of persons who are already born in unnecessary wars and unnecessary executions."

"Paul Hill, who gunned down a physician who was helping women and legally practicing medicine and a retired couple who was escorting him from his vehicle, said that he would kill again if released. Clearly he needs to be incarcerated to protect lives and reproductive rights, but he does not have to be killed by the state."

[Theodore R.]

I does sound like this Judge Baird is not "Republican" in the sense of "conservative." It sounds to me that he is more inclined to protect George W. Greer than anyone else. If the suit by Felos-Schiavo was filed in the wrong court, how can Baird compel Bush to appear in Pinellas Co. before his court? It sounds like Baird has already made up his mind. Typical of FL judiciary

[Victoria Delsoul]

I didn't know he was a Republican.

Poor Terri, she seems destined to die sooner rather than later.

[Theodore R.]

Victoria, it seems that all the judges against Terri -- Gerorge W. Greer, Baird, and maybe Demers too -- are Republicans. Greer spoke out so forcefully against Governor Bush in August that most thought Greer was "Democrat."

[Theodore R.]

If Baird throws out the law next week, there would be appeals to an appellate court and then to the FL Supreme Court. It seems that there is no reason to throw out this law. I think Terri will live to next spring, but who knows? The courts are not her friend in FL. I wonder if FL voters understand the corruption of their courts.

[Victoria Delsoul]

I think the problem Terri is facing is that the judges are concerned to set a precedent that would weaken the court's ruling, JMHO.

[The_Pickle]

Pinellas County Circuit Judge W. Douglas Baird denied the governor's request Friday, and commanded Bush's attorneys to explain by close of business Monday why he should not declare Terri's Law unconstitutional.

Ya got that back a$$wards there judge. It is your job to make a desicion, based on the existing Florida Constitution, as to whether or not this Law meets constitutional muster. It is NOT The Goveners job to defend this law nor is it judicially responsible, or ethical, for you to pre-supose a verdict, which your statement obviously did.

You are a disgrace to the profession of Law and should immediatley step down from the bench that your confrontational and predjudicial attitude has shown you are no longer fit to occupy.

[ntnychik]

If Baird throws out the law next week, there would be appeals to an appellate court and then to the FL Supreme Court.

You mean the FL Supreme Court that would like nothing better than to embarrass Jeb Bush, regardless of the facts (and the life at stake)?

[attagirl]

Life begins at conception, at implantation, at 14 days, at quickening, at birth, at a month, at a year--oh, who cares, really? It's whatever the mother, guardian, science, etc. decides--as long as it's ok'ed by the Total State! (And in respect to the individual...EVERY CASE IS DIFFERENT!)

[Theodore R.]

What is it with these "Republican" judges in FL? They must be closet "Souter Republicans"!

[John Beresford Tipton]

"It is NOT The Goveners job to defend this law"

It probably is.
In the federal system it is the President's job, through the AG, to defend acts of the legislature (Congress) from being declared unconstitutional, probably the same in Fla.

[sfRummygirl]

It does show that the party line is not to be worshiped. Conservatism needs to keep it's collective eyes open.

[The_Pickle]

The "legal" definitions of the roles of the opposing sides in cases like this are "Petitioner" and "Respondent".

In this case the "State of Florida" not Governer Bush is the "Respondent" i.e. The challenge via the "Petitioner" questioning the Constitutionallity of the recently passed "Terri's Law".

You are correct, in the the Attorney General for the State of Florida would be the Lead Counsel for the "Respondent" in this case and that his ultimate "boss", as it were, would be Jeb Bush.

However you will notice that I, at not time, used the term "defendent" to charactorize the States role in this matter. That is because, while this is a polarizing case and adversarial in nature, it is not viewed so in the eyes of the law. It is assumed, in the eyes of the Law, that both parties are simply trying a point of Legislation before an "impartial" judiciary in attempt to come to a legitimate Legal interpretation of said laws constitutionality.

The judge in this case, has placed the hearing into adversarial terms by intimating that the Governer needs to "defend" his posistion. By doing so he has also intimated that his legal view is already set i.e. not "impartial". To say that this particular legislative action "needs defending" shows a belief on the part of the judge that he already views it as "wrong".

It was for these reasons that I did, and still do, charge the judge in this case with judicial malfeasence and call for his immediate removal from the bench and for and investigation by the Florida State Bar as to whether this particular person is fit to continue to practice Law in the State of Florida.

[Future Useless Eater]

GOOD NEWS .... buried deep within this article: House speaker Byrd defends law keeping brain-damaged woman alive

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.

The 2nd district court of appeals is located in Lakeland Florida, 50 miles east of Clearwater ... I don't recognize any of those judge's names:
Chief Judge Chris W. Altenbernd
Judge Charles A. Davis
Judge Carolyn K. Fulmer
Judge Morris Silberman
Judge James W. Whatley
Judge Virginia M. Hernandez Covington
Judge Stevan T. Northcutt
Judge Patricia J. Kelly
Judge Darryl C. Casanueva
Judge Charles T. Canady
Judge E.J. Salcines
Judge Craig C. Villanti
Judge Thomas E. Stringer, Sr.
Judge Douglas A. Wallace

Has Terri's case ever been before these judges before?

---

      "Where there's life, there's hope."
      -Terri Schiavo ( arguing with her best friend Diane Meyer ) angrily PROMOTING LIFE FOR the comatose
-Kate Adamson ( former vegetative patient nearly starved to death ) "Its VERY painful... Its SHEER torture!"
-Michael Schiavo (teaching Terri she will NEVER DIVORCE him) minutes before her 'collapse'
-Michael's 1993 girlfriend ("he can be the most INCREDIBLY MEAN person!")
-link to latest TV coverage/interviews           Contact FoxNews

[Future Useless Eater]

...oops, I found the answer to my question on my own.

Greer has said in he past:
he was "operating under a mandate from the 2nd District Court of Appeal" and likely wouldn't change his course.

[Theodore R.]

The Second District has already ruled against Terri, what two or three times. Does this mean that Connor, Bush's lawyer, is trying to get the Second District to throw out Schiavo-Felos' challenge to Terri's Law? How long will this take? Isn't it likely that the Second District will continue to rule against Terri?

I think as someone wrote earlier today that the only way to save Terri will be to get a new guardian now. I don't see these liberal courts as offering her much hope. With Baird and Demers seeming to side now against Terri, won't their stance encourage George W. Greer to stand firm in regard to the guardianship?