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Judge Greer Having fun with The Department of Children and Families in Terri Schiavo Case!
Notice of Filing Case No. 2D05-1455 (3/24/2005) ^

Posted on 03/26/2005 4:41:53 PM PST by Harry Jones

After hearing 1egal argument and being duly advised in the premises, the Court ruled that the executive and judjcial branches of government are separate but equal and that the executive branch is not superior in the area of judicial matters.

Page3 From Judge Greer's Order against Fla Dept Family Services!

http://www.dcf.state.fl.us/news/noticeoffiling.pdf

(Excerpt) Read more at state.fl.us ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: dcf; schiavo; terri; terrihysteria; terrischiavo
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To: maine-iac7
RE: " I do not think Jeb can break the law without creating a gaping hole in the fabric of our Constitution"

Yes, the Rats and their MSM would go into a frenzy unlike anything I've seem since the Watergate press frenzy.

But why would the governor be "breaking the law." What law? What makes judges' interpretation "the law" vis-a-vis an executive's constitutional responsibilities and our checks and balances?

I do not know Florida's constitution or laws but I heard a Florida official tell a reporter and the governor that the governor had the authority to act.

Judges' decisions are overturned all the time within the judiciary and, as pointed out above in #101, by presidents and governors.

Let's get the "constitutional crisis" over with.

IMO, any "gaping hole in the fabric of our Constitution" is there because the executive and the legislative branches defer to inferior courts and fail to fulfill their responsibilities. The Congress "ordains and establishes" the federal inferior courts.

If the issue makes it above the inferior courts let the executive and the legislative branches remind the Supreme Court of checks and balances as the court does its work.

121 posted on 03/26/2005 9:42:44 PM PST by WilliamofCarmichael (MSM Fraudcasters are skid marks on journalism's clean shorts.)
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To: Antoninus
You just keep on believing that. The sad thing is, this may mark a real turning point for the Democrats--the moment when the base of the Republican party realized that the GOP is not interested in fighting for pro-life issues. Our base is currently demoralized, cynical, and angry.

Our base is not that dumb. There may be a very small and vocal minority who would be swayed so easily, but our base is basically comprised of good solid Christians with a strong law and order streak. They will not judge the GOP on this and let the democrats, as you say The Party of Death, win just to spite them. Most good Christians are up for the fight we are going to have as a result of this day and most will not be dumb enough to take it out on those on our side who will lead the fight.

122 posted on 03/26/2005 9:42:46 PM PST by McGavin999
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To: Enterprise
but once Terri is dead, he has no further constitutional authority to deny the State of Florida the right of inquiry into the circumstances preceding his order to terminate her lif

After reading Cracker Judge's stupid, misspelled vacation of the automatic stay I would have to say he will almost certainly assert that he owns the body even in death. He clearly thinks he is the grandest of all judges, and whatever he declares to be his domain, why, it's his. And he will issue a court order declaring all the world to be his.

123 posted on 03/26/2005 9:43:41 PM PST by Regulator
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To: WilliamofCarmichael
I heard a Florida official tell a reporter and the governor that the governor had the authority to act.

see the authority at post108 above


124 posted on 03/26/2005 9:50:27 PM PST by Harry Jones
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To: MitchellC
John Kasich was sitting in for O'Reilly last night and interviewed a lawyer (do not recall his name)who happens to be a personal friend of Greer's. During the interview he stated that Greer had been asked to leave his Baptist Church over this case.

According to the friend, Greer and his family were devastated by this.
125 posted on 03/26/2005 9:54:39 PM PST by Brytani ("Opportunity is missed by most people because it is dressed in overalls and looks like work - Edison)
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To: Regulator
look at what the judges said about the Government Reform Comm Supeana

With all due respect to the Committee, it has cited no law that convinces us that it has the power to overrule a state court final judgment or that this court has either the jurisdiction or obligation to stay a final judgment based upon its issuance of a subpoena. Accordingly, the motion is denied.

http://www.2dca.org/schiavo/0318order.pdf

126 posted on 03/26/2005 9:56:26 PM PST by Harry Jones
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To: maine-iac7
that's just what they're counting on - to make hay out of this

If you don't want the democrats to make hay, don't hand them a pitchfork. As it is, Jeb has handed them a T-1000 super-deluxe auto-baler.
127 posted on 03/26/2005 10:04:19 PM PST by Antoninus (In hoc signo, vinces †)
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To: McGavin999
Our base is not that dumb. There may be a very small and vocal minority who would be swayed so easily, but our base is basically comprised of good solid Christians with a strong law and order streak. They will not judge the GOP on this and let the democrats, as you say The Party of Death, win just to spite them.

No, they're not dumb. And they certainly recognize a pathetic lack of leadership from a party they handed control of Congress and the Presidency to. The GOP has bungled one Culture of Life issue after another over the past couple years. Eventually, the cultural conservatives will start looking for other options. They can't be expected to put party loyalty ahead of principle forever.

Most good Christians are up for the fight we are going to have as a result of this day and most will not be dumb enough to take it out on those on our side who will lead the fight.

I see few real leaders in the GOP. This week has demonstrated to me, much to my chagrin, that the Bush's just aren't all that interested.
128 posted on 03/26/2005 10:10:48 PM PST by Antoninus (In hoc signo, vinces †)
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To: Harry Jones
Accordingly, the motion is denied

The key phrase. Just say we don't agree, and then deny it.

Oh, but, whenever you need a law to justify what you're doing, immediately produce one and interpret it however you want.

129 posted on 03/26/2005 10:17:20 PM PST by Regulator
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To: eeriegeno
"Greer called the Bush bluff and won...the Bush brothers showed what their spine is made off...and the nation is worse off than if they had done nothing."

"You know, I am beginning to agree with that statement. Both gave hope to the parents that they would save their daughter from a state mandated execution, and both failed miserably........"

You don't know how much I wish I was wrong...this week has been one of the worse. I grieve for Terri, her family and our nation. This court sanctioned murder is another shameful chapter for us.
130 posted on 03/27/2005 3:04:24 AM PST by dinok
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To: dinok

You arent right. They did do something. Each some pretty extraordinary ones but unfortunately the guys who had to deliver the final result...blinked first.


131 posted on 03/27/2005 3:06:02 AM PST by applpie
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To: Arizona Carolyn
Can't the State AG file an injunction to take possession of the body for autopsy??

Assuming he wanted to (and isn't it the AG there are other questions about?), wouldn't Greer just blow it off, the way he did the congressional subpoenas (another sore topic to me!)?

132 posted on 03/27/2005 3:16:24 AM PST by maryz
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To: Hattie
Why do you think they would do an autopsy?

I read on FR that an autopsy is required by FL law before any cremation -- which makes sense. A buried body can be exhumed if questions arise later.

133 posted on 03/27/2005 3:18:40 AM PST by maryz
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To: Enterprise
.........and have a backup plan in the event Greer tries to obstruct them.

Their backup plan should consist of armed state agents that are willing to draw their weapons unlike the ones rumored to have been stared down by Barney Fife when on their way to seize Terri for the tube reinsertion.

What in the hell are they carrying the side arms for if they aren't willing to use them? It's like a firefighter unrolling the hose but doesn't have the guts to turn on the water.

134 posted on 03/27/2005 4:49:18 AM PST by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: Enterprise
This is why the DCF needs to think and plan ahead.

They can think and plan all they want but they have already acquiesced their authority to Greer and will turn to him for permission for anything involving Terri even in matters where Florida law gives them authority as it did to seize her and have the tube reinserted.

135 posted on 03/27/2005 4:55:21 AM PST by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: maine-iac7

Of the names I recognize, they're all long-term anti-Bushies.


136 posted on 03/27/2005 5:32:31 AM PST by AmishDude (The Clown Prince-in-a-can of Free Republic!)
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To: Concerned
I have no problem with that statement. May what comes around ~ go around.
137 posted on 03/27/2005 8:56:21 AM PST by Diva Betsy Ross (Code pink stinks!)
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To: Concerned
I have no problem with that statement. May what comes around ~ go around.
138 posted on 03/27/2005 8:56:34 AM PST by Diva Betsy Ross (Code pink stinks!)
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To: Antoninus
If you don't want the democrats to make hay, don't hand them a pitchfork

must admit I don't understand the statement - grew up on a farm, had pitchforks and had hay - but never saw a pitchfork make hay ;o)

139 posted on 03/27/2005 4:57:44 PM PST by maine-iac7 ("...BUT YOU CAN'T FOOL ALL OF THE PEOPLE ALL THE TIME." Lincoln)
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To: Harry Jones
the Court ruled that the executive and judicial branches of government are separate but equal and that the executive branch is not superior in the area of judicial matters.

Okay, maybe I'm mentally retarded, but what is controversial about that?

140 posted on 03/27/2005 5:00:18 PM PST by Dog Gone
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