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Judge Rejects Bush Effort in Schiavo Case
Srockton Record ^ | Nov 7, 7:35 PM EST | VICKIE CHACHERE

Posted on 11/07/2003 4:51:23 PM PST by tessalu

TAMPA, Fla. (AP) -- A judge Friday rejected an effort by Gov. Jeb Bush to dismiss a challenge to the law that allowed him to order that a severely brain-damaged woman be kept alive over her husband's objections.

Bush's attorneys now have until Monday evening to file arguments defending the law, quickly passed and signed last month so that Terri Schiavo's feeding tube could be reinserted six days after her husband, Michael Schiavo, had it removed.

Michael Schiavo and the American Civil Liberties Union have sued Bush, saying the law infringes on Terri Schiavo's right to privacy and the separation of power provisions of the Florida Constitution.

The governor's attorneys had argued that the lawsuit should have been filed in Tallahassee, where the law was enacted. Circuit Court Judge W. Douglas Baird rejected that argument Friday. Randall Marshall, legal director for the ACLU of Florida, said the governor's earlier filing was merely a "delaying tactic." Jacob DiPietre, a spokesman for the governor, said Bush's attorneys would make recommendations to him after reviewing Baird's order.

"Procedural motions aside, we are confident that once the case is properly before the court, the law will be found constitutional," DiPietre said. "The governor is committed to upholding the state constitution and to protecting all Florida citizens' rights to life, especially those who are the most vulnerable."

(Excerpt) Read more at customwire.ap.org ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Florida
KEYWORDS: euthanasia; florida; georgefelos; schiavo; schindler; terri; terrischiavo; terrischindler

1 posted on 11/07/2003 4:51:23 PM PST by tessalu
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To: Lady In Blue; Canticle_of_Deborah; MarMema; kimmie7; floriduh voter; JulieRNR21; NautiNurse; ...
ping
2 posted on 11/07/2003 5:06:29 PM PST by nickcarraway (www.terrisfight.org)
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To: tessalu
"...and the separation of power provisions of the Florida Constitution."

Funny, the ACLU didn't object when the Florida Supreme Court attempted to usurp the legislature's function during the 2000 election. Nope, they had no problem with "separation of powers" when that was happening.

3 posted on 11/07/2003 5:52:47 PM PST by Bonaparte
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To: tessalu
Looks like judges are trying to play God. Judicial system needs a good house-cleaning.
4 posted on 11/07/2003 5:59:56 PM PST by mom-7
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To: tessalu
This Baird is supposed to be a "Republican."
5 posted on 11/07/2003 6:19:28 PM PST by Theodore R.
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To: mom-7
Just when we begin to think that Terri may actually live into 2004 at least, something legal again gives us pause.

And again, it is a "Republican" judge who is potentially rolling out the red carpet for the devils of death. What is it with these FL "Republican" judges -- George W. Greer, Demers, and now Baird -- that they don't understand about the word "Republican"? This trio must see as its role models Sandra Day O'Connor, Anthony Kennedy, David Souter, and John Paul Stevens. Such "Republicans" are as worthless as a one-legged clothespin. Where did Reagan, Bush, and Ford find such foolish jurists?

I don't understand all the legal machinations at work here. I thought that the case had to be tried in Tallahassee, but Baird is in Pinellas Co. What is this about the 45 days to prepare? The article seems to indicate that Governor Bush must reply next week in regard to the constitutionality of Terri's Law. Now, I am wondering if these FL judges are not conspiring with one another to defeat Bush. To them, it is not party that matters but the POWER of their judiciary. These men must be power-mad; we already know that the Supreme Court in Washington is power-mad; this could be a trait of many, many judges in the USA, not just FL.

And the guardian ad litem now may not even agree to meet face-to-face with Bush. The Schindlers seems to have been right to object to his appointment.

It is also unclear if Baird will let the facts of Terri's ordeal to be revealed. Baird sounds like a FL version of some of those horrible Ninth Circuit judges in CA. Remember, for these judges, it's all about POWER. One of the opponents of constitutional ratification in 1788, Robert Yates of Albany, NY, said that there was never a man or a body of men vested with power who were disposed to surrender that power voluntarily. Indeed such men were prone to increase their power. George Washington surrendered power, but few others are willing to do so unless they have no alternative.
6 posted on 11/07/2003 7:46:59 PM PST by Theodore R.
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To: 2nd amendment mama; A2J; Alouette; aposiopetic; attagirl; axel f; Balto_Boy; Blue Scourge; ...
ProLife Ping!

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

7 posted on 11/07/2003 8:55:06 PM PST by Mr. Silverback (Pre-empt the third murder attempt: Pray for Terry Schiavo.)
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To: tessalu
Sign this petition for Terri!

http://www.yourcatholicvoice.org/index.php?id=petition&petition=
8 posted on 11/07/2003 8:58:45 PM PST by Salvation (†With God all things are possible.†)
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To: tessalu
Judge W. Douglas Baird told Bob and Mary Schindler that they "do not have a sufficient legal interest in the narrow subject [the constitutionality of 'Terri's Law'] that would justify formal intervention." Baird added in his three-page order that a "friend of the court brief" would "allow development of their legal arguments in this cause." The Schindlers have two days from yesterday to file such a brief.
9 posted on 11/07/2003 9:11:33 PM PST by kcvl
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To: kcvl
You know what -- I wonder if Baird, like Greer, is of the many-divorces/bad-woman-experience school. Pat Anderson might do well to let a big, gnarly looking fellow sub for her, not that he could present any technically better arguments, but something about these judges just seems hostile to vulnerable women and friendly to angry men.
10 posted on 11/08/2003 1:14:36 AM PST by HiTech RedNeck ("Across this great nation people pray -- do not put out her flame" -- DFU. Go Godsquad!!!)
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To: kcvl
You know what -- I wonder if Baird, like Greer, is of the many-divorces/bad-woman-experience school. Pat Anderson might do well to let a big, gnarly looking fellow sub for her, not that he could present any technically better arguments, but something about these judges just seems hostile to vulnerable women and friendly to angry men.
11 posted on 11/08/2003 1:15:12 AM PST by HiTech RedNeck ("Across this great nation people pray -- do not put out her flame" -- DFU. Go Godsquad!!!)
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To: tessalu
From FoxNews Channel - "On the Record with Greta" -Schiavo segment- Friday, 07 nov 2003

Greta: After 13 years in a vegetative state, Terri Schiavo's husband won the right to have her feeding tube removed. Then on October 21st Terri's law was passed by the Florida legislature. And Governor Jeb Bush ordered the feeding tube RE-connected. Michael Schiavo has sued the Governor, charging his actions were unconstitutional.

Greta: We are joined now by Governor Jeb Bush's lead attorney in this case, Ken Connor. Nice to see you, Ken.

Greta: Ken, now, first of all, do you agree she is in a vegetative state? Is that ahh, is that what the Governor believes too?

Connor: Yes and that's what the statue provides... that when you have a situation where one is in a persistent vegetative state, that had no PRIOR written advance directive, about what they would want to have done to them under these circumstances...

Greta: Does it have to be in WRITING? Is that the way the statute is written?

Connor: That's right.

Greta: So, if I say to you tonight: "listen, make sure, if something happens to me, I want to be disconnected" Thats not enough in FLorida?

Connor: Well, in THIS situation, where you ALSO have a family DISPUTE, and where nutrition and hydration are being withheld, the law says now you're entitled to a Guardian Ad Litem, to determine what your desire and INTENT was.

Connor: In THIS case, Terri Schiavo never HAD the benefit of a guardian ad litem. Her HUSBAND who SERVED as guardian, had CLEAR conflicts of interest, standing to gain financially from her death, living with another woman with whom he'd conceived two CHILDREN.

Greta: But, but, at this point - - - Alright, he's got two children now with a girlfriend... Umm, and ahh is, what do you think his MOTIVE is? I mean, HE says his motive is because his wife told him that she wouldn't want to live like this. Do you QUESTION his motive?

Connor: Look, its not for ME to determine what Michael Schiavo's motive is...

Greta: But what do you THINK?

Connor: I'm not going to GLEAN his motive. The PARENTS have sharply questioned HIS motives. Michael Schivo has-

Greta: What do THEY say? Do they say its MONEY?

Connor: Well they say he stood to gain financially from her death...

Greta: But THATS the PAST.

Connor: ...they recovered seven hundred THOUSAND dollars on her behalf...

Greta: But THATS OVER

Connor: ...four HUNDRED thousand of which has been spent NOT on improving the QUALITY of her life, but in LAWYERS FEES, to have her STARVE to DEATH.

Greta: But right NOW Ken... I mean, you know forget THAT... right now, does HE stand to gain FINANCIALLY if she dies?

Connor: Well, there have been some questions raised by the parents about ahh, multiple traumas which Terri supposedly suffered under circumstances... Multiple FRACTURES which Terri supposedly suffered under circumstances that were consistent with TRAUMA. And THEY say the circumstances have never been adequately investigated.

Greta: Has any doctor?

Connor: Look the Governor has only been in this case for TWO weeks.

Greta: I know. Have any of her doctors? that she's had a tremendous amount of treatment, over the last 13 years... or at least a lot of medical care... Has ANY doctor who's TREATED her, thought that there was ANY foul play involved in her vegetative...

Connor: According to the Schiavos... [I think he means Schindlers] ...according to the Schiavos, theres a medical report in her records, that indicate a BONE scan says she had MULTIPLE fractures consistent with TRAUMA.

Connor: The Schiavos- the Schindlers, sought to have those circumstances investigated... the state attorney DECLINED to do so, saying well, the statue of limitations has already EXPIRED. But the Schindlers have been in the position, that if this is the CASE, then it goes to the issue of MOTIVE.

Connor: Whether or not Michael is telling the truth, or trying to cover up? We don't KNOW what what the circumstances are.

Greta: Is, is, in the last 30 seconds we have, is this, I mean, is is, is Terri Schiavo for better or worse, sort of CAUGHT in an ongoing battle between the ACLU and right to life? I mean, you're associated with the right to life, and I know that ACLU has helped Michael Schiavo... But is she caught between those- that ongoing battle?

Connor: No. What she's caught between, are PARENTS who are seeking to preserve her LIFE, and protect her interests. And whose seriously challenged whether or not her husband HAS her desires OR best interests at heart. Or whether or not he is seeking to advance ahh, some kind of secondary GAIN by virtue of Terri's death.

Connor: What THIS law does is provide that a GUARDIAN will step in, to INDEPENDENTLY investigate the circumstances of, relating to Terri Schiavo, and who makes a report to the court, AND to the governor, who ahh, will ultimately will have the discretion about whether the stay or not will be lifted.

Greta: Very important issue Ken, I'm sorry to cut you so short on time, but we don't have enough, cause its a HUGELY important issue, but ah, I hope you will come back. Thanks.

Connor: Thank YOU.



Greta: All right, lets bring our expert panel in, Gloria Alred whos a victims rights attorney, Jayne Weintraub whos a defense attorney in Florida, and forensic pathologist Dr. Michael Baden.

Greta: Dr.Baden, I want to start with you since you are a doctor... I mean, TERRIBLE situation on a, on the hands ah, in Florida, going on... What do you think about this?

Dr.Baden: Ahh, I think doctors are trained from early medical school, to save lives and to keep patients alive. Times arise, when theres a CONFLICT, between treatment and families... such as to give blood to a child, and the family doesn't wish it... such as should we FORCE insulin on a diabetic prisoner who refuses to take it... And traditionally, these are solved by the courts. So the courts usually make the judgements, of what the doctors should do.

Dr.Baden: Bringing in the LEGISLATURE, is a troublesome aspect, because thats another LAYER, to bring in... but, but I think EVEN withdrawing the FEEDING tube, and the ah- is troublesome too. She's right at the BORDER ahh, medically, of whether we should permit her to die of dehydration or not.

Greta: Alright, Gloria, your thought on this?

Alred: Well, its a very complicated situation ah, espec- its PAINFUL for ME because my FATHER was in a coma, and I had to make decisions as to whether to withdraw food and water, and I WOULD NOT withdraw food and water.

Alred: But in any event, I do think the central aspect of it, is WHAT would SHE have WANTED. And EVERYTHING flows from what the individual would have wanted to choose. And in addition, whether or not she is truly IN a persistent vegetative state. And, I think that, of course the courts have FOUND that ah, because of the testimony that was GIVEN by Michael Schiavo and some other members of the family, that she would NOT have wanted to stay alive.

Alred: On the other hand, it appears that the PARENTS contest that. I say THIS... Look, if there REALLY IS a dispute, and IF it isn't clear, although the courts have said that it IS, then the PARENTS are apparently willing to take her in... willing to PAY to care for her... Perhaps it SHOULD be DONE.

Greta: Allright, I've got 30 seconds Jayne, give me a prediction on who's going to do? Who's going to win this?

Weintraub: Well Greta, the courts already have DONE it. I mean, and Jeb Bush, you know, like SuperMan, goes into a phone booth, and gets his [unintelligible] extension...

Greta: Whats the ruling here. Without all the editorializing, who's going to win Jayne? I don't have time ahh...

Weintraub: I, I hope that Terri's LAW, becomes Terri's WILL. And Greta, the ANSWER to your question is, in Florida, there's specific statute when there is an ABSENCE of a living will, and in this case, the court took medical evidence from her DOCTORS, as well as from Michael Schiavo, and made a determination to LET her DIE with dignity under our statute. The Governor does NOT have the RIGHTS to overturn that.

Greta: And like with Ken, I've got to apologize to ALL of you, because its obviously not a SIMPLE issue, and I apoligize we didn't take MORE time with it. Gloria, Jayne, Dr.Baden, Thank you.

[Transcripted for education and discussion purposes only, not guaranteed to be 100% accurate. Both lawyers were courteous and did not talk over each other]


= = = = = = = = = == = = = = = = = = = = = = = = = = = = = =
Recent interviews/excerpts:
= = = = = = = = = == = = = = = = = = = = = = = = = = = = = =
"Hannity and Colmes" - Tuesday 10-14-03 --> (Terri's father) Bob Schindler: "MONEY and FOUL PLAY"

"On the Record with Greta" - Friday 10-24-03 --> Forensic Pathologist, Dr. Michael Baden: "Potassium imbalance UNLIKELY - HEALTHY heart - NECK TRAUMA"

"At Large with Geraldo Rivera" Sunday 10-26-03 --> author Christopher Darden and Harvard Law Professor Alan Dershowitz: "You have eternity to be dead; You only have a limited amount of time to live"

"Hannity and Colmes" - Monday 10-27-03 --> (father) Bob Schindler and (neurologist) Dr. William Hammesfahr: "She absolutely CAN be rehabilitated -clearly NEVER had heart attack -Emergency room: damaged neck"

"On the Record with Greta" - Monday 10-27-03 --> (attorney) Pat Anderson: "BIG FIGHT -attempted STRANGULATION"

"On the Record with Greta" - Tuesday 10-28-03 --> (attorney) Pat Anderson and (brother) Bobby Schindler: "failing marriage -DIVORCE imminent -Potassium explained":

"Hardball with with Chris Matthews" - Wednesday 10-29-03 --> (pro-Terri attorney for ACLJ) Jay Sekulow and (anti-Terri attorney) Joe Tacopina: "Matthews: I think the human issue here is... her eyes flickering... I think she's ALIVE":

"Larry King Live" - Monday 10-27-03 --> (husband) Michael Schiavo[barf alert]: THEY get money from the right wing ACTIVISTS - "Removing somebody's feeding is very painless. It is a very easy way to die" - [later] King: Would you take one[lie detector test]? - No

"The Abrams Report" - Monday 11-03-03 --> (Commentary) almost entirely pro-husband

"O'Reilly Factor" - Wednesday 11-05-03 --> (former "Vegetative State" patient) Kate Adamson: Being starved to death is EXTREMELY painful "It was SHEER torture!" - took her THREE MONTHS of ACUTE REHAB to snap out
Her website says: We stand behind Terri Schindler!

"The Abrams Report" - Thursday 11-06-03 --> (pro-Terri attorney) Pat Anderson and (pro-death attorney) George Felos: "Felos: Michael is a MODEL husband" - Anderson:"Terri got NO REHAB after $award$":

"On the Record with Greta" - Thursday 11-06-03 --> (Gov.Bush's lead attorney) Ken Conor, and followed by a panel discussion:
"Connor: INDEPENDENTLY investigate the circumstances and allegations...
Alred: Perhaps the PARENTS SHOULD care for her


Ontherecord@foxnews.com



12 posted on 11/08/2003 2:21:17 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: sweetliberty; EternalVigilance; floriduh voter; tutstar; Canticle_of_Deborah; JulieRNR21; ...
Transcripted

"On the Record with Greta" - Thursday 11-06-03 --> (Gov.Bush's lead attorney) Ken Conor, and followed by a panel discussion:
"Connor: INDEPENDENTLY investigate the circumstances and allegations...
Alred: Perhaps the PARENTS SHOULD care for her


Ontherecord@foxnews.com
13 posted on 11/08/2003 2:22:39 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: tessalu
And I thought Jeb's attorney made a HUGE OVERWHELMING case
that Pinellas county ERRORED BIG TIME in the way they
FILED the case, SERVED notice, made ASSUMPTIONS about NO
DISCOVERY, etc, etc, etc.

http://freerepublic.com/focus/f-news/1017078/posts?page=1#1

I guess this just proves Pinellas County has ABSOLUTELY
NO INTEREST in following Florida LAW, or allowing
ANYONE the CHANCE to OVERRULE THEM.

I'm hoping Ken Connor STILL has some legal moves up his
sleeve! This statelaw case SHOULD have been filed in LEON, with
Judge SAULS.
14 posted on 11/08/2003 2:33:10 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: sweetliberty
At the end of Friday's Abrams Report, Dan Abrams read two
emails that were PRO-Terri...

And in both cases he rebutted them with Felos-style garbage.

The sick commie ba$tard
15 posted on 11/08/2003 2:38:05 AM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: FL_engineer
Abrams appears to have a personal agenda.

Can't Gov. Bush or President Bush pardon Terri? Dangerous criminals have received pardons.

16 posted on 11/08/2003 5:14:59 AM PST by Dante3
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To: FL_engineer
Thanks for the transcript. I missed this one last night.
17 posted on 11/08/2003 8:22:17 AM PST by FR_addict
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To: tessalu
bttt - Praying for Terri.
18 posted on 11/08/2003 8:46:40 AM PST by cgk (Kraut, 1989: We must brace ourselves for disquisitions on peer pressure, adolescent anomie & rage.)
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To: nickcarraway
These judges are driving me crazy. It seems it's almost every week now that they do things like this.
19 posted on 11/08/2003 12:16:38 PM PST by sfRummygirl (SAVE TERRI SHINDLER SCHIAVO...www.terrisfight.org)
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To: FL_engineer
Gloria Allred has seen the courts get it wrong before, seen a deadly husband walk away free.

Her website: http://www.gloriaallred.com/home.htm

Wish she weren't so busy with Amber Frey!
20 posted on 11/08/2003 3:52:49 PM PST by Graymatter
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To: tessalu
Another unbiased headline. ahem ... Since when was a ruling on a procedural motion headline news?
21 posted on 11/08/2003 3:56:20 PM PST by BlueNgold (Feed the Tree .....)
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To: FL_engineer
is Terri Schiavo for better or worse, sort of CAUGHT in an ongoing battle between the ACLU and right to life?

There Greta, in her on ignorance has framed the question exactly and put the battling powers in there place. But she thinks, just like the ACLU, that right to life is something believed in by right-winged kooks. How does someone whose names suggests a belief in Civil Liberties take the side of state sanctioned right to death. How? SHE thinks that by pinning labels on people, she can show that it is JUST political. But words have meaning, sometimes even the words that soft-headed leftists mistakenly use.

Unfortunately, it has come down to a battle between right to life and the ACLU representing apparently the opposite, and the only opposite of a right to life is a right to death. As WFB once said, principles have edges and they can cut sharply.

22 posted on 11/08/2003 5:38:31 PM PST by AndyJackson
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To: All
"Procedural motions aside, we are confident that once the case is properly before the court, the law will be found constitutional," DiPietre said. "The governor is committed to upholding the state constitution and to protecting all Florida citizens' rights to life, especially those who are the most vulnerable."

Any thoughts from you scholars of the law??

23 posted on 11/08/2003 5:58:01 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: tessalu
Figures. The Gov of Florida and the State Legislature saved Terri's life and now the judges and courts are trying to starve her again. Remind me never to step foot in Florida. And you thought California was bad!
24 posted on 11/09/2003 6:06:31 AM PST by Saundra Duffy (For victory & freedom!!!)
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