Update on Terri's Law

E-mail | FL House Speaker Byrd

[babygene]

Dear Concerned Citizen:

As you may know, the Florida House recently led the fight to help save Terri Schiavo’s life from being cut short by court-ordered dehydration and starvation.

We passed legislation, known as “Terri’s Law” to allow the Governor to issue a stay on court-ordered starvation and dehydration deaths under certain circumstances.

Like many Floridians, I believe the process failed to protect Terri Schiavo and her family. Our action helps to restore a piece of what has been taken from her family.

Unfortunately, Terri’s husband, Michael, has continued to pursue legal avenues to end Terri’s life. Terri’s case is again in courts, and the Florida House has filed a friend of the court brief defending the constitutionality of “Terri’s Law.”

I have attached the House brief for your information. Please take a minute to read our defense of “Terri’s Law”. At the following web link:

http://www.myfloridahouse.com/files/brief/index.htm

Thank your for your continued interest in this matter.

Very truly yours, Johnnie Byrd Speaker

[maestro]

bump

[sweetliberty]

Ping!

If you want on or off of this ping list, please let me know.

[nicmarlo]

here's the link: AMICUS BRIEF ON ISSUES OF SEPARATION OF POWERS

[KDubRN]

Mine is 45 pages, but I can't unlock it

[sarasmom]

link didnt work

[Diva Betsy Ross]

I have attached the House brief for your information. Please take a minute to read our defense of “Terri’s Law”. At the following web link:

http://www.myfloridahouse.com/files/brief/index.htm

oops posted to you over there. Try this link.

[nicmarlo]

That's weird.....it's 25 pages when I retrieve it.

[tutstar]

bttt

[nicmarlo]

I don't know why link did work for you...it still works for me. Do you have adobe acrobat on your computer? It's a pdf file. If you don't have adobe acrobat, here's a link to get it downloaded, free.

If you do have adobe, then try going directly to the site where the link to the document is available, here (scroll to the bottom where it says "printable pdf" and just click on it).

[nicmarlo]

The Florida House of Reps. site has another means of your reading the document without needing to get adobe....click on the "next" button, next to the "printable pdf" instead. It takes you directly to the document.

[nicmarlo]

Have you read the Amicus Brief??? I suggest you do. IMHO, it is a scathing attack against Greer's actions.

[sweetliberty]

I looked at it. Didn't read it all though.

Check it out....looks like somebody is bent because our buddy, Palpatine, got hisself banned. This could be a fun thread.

Chancellor Palpatine?

[nicmarlo]

For instance, this sentence (page 17, last sentence in paragraph III. (c)):

The legislative authority to re-regulate who exercises a guardianship responsibility is the same whether that responsibility has been previously exercised by a private guardian, a public guardian, a felon or a circuit judge.

IMHO, the placement of the word "felon," immediately next to "a circuit judge," and the impact of its juxtaposition, was no accident and was not lost on these authors.

And should one argue that it was merely an "accident" in the choice of words, and their placement, then one must explain why there are other numerous attacks made against the judiciary for the several laws it has also violated in this case, as referred to in this Brief.

[sweetliberty]

I'm glad they're on top it. Hopefully they can intimidate these judicial bullies into backing off.

[nicmarlo]

Remember, this is only an Amicus Brief.....but it is significant, in that the authors of the very law the judge is deciding upon its constitutionality, is given very strong direction by those who wrote said law. They also pulled in other Florida Supreme Court case law (not appealable). They also used the very words straight out the the DCA's opinion as a basis to show that "Judge" Greer is, indeed, acting as guardian...they're shoving the DCA's opinions, as directed toward Greer, down Baird's throat. For instance, on page 12:

It is reasonable for the Legislature to be concerned with the office of circuit judge functioning in the role of guardian and making private life or death decisions when that conduct affects the judicial officer's capacity to review those same decisions. (13)

(13) The Second District Court of Appeal stated that for purposes of withdrawing nutrition and hydration 'the trial court essentially serves as the ward's guardian.' Schiavo, 780 So.2d 176, 179. Yet the Legislature has generally prohibited circuit judges from acting as guardians for persons with whom they had no prior relationship. See Fla. Stat. section 744.309(1)(b). Thus, the Legislature has previously established public policy to leave judges to judging, thereby restricting the holding of the dual offices of guardian and judge.

* * *

To summarize, the circuit judge became the decision maker in the Schiavo case, pursuant to Satz inspired, judicially supplied regulations adopted in Browning to fill a perceived legislative vacuum.

[sweetliberty]

Well, I hope they're going to get right to the heart of it. It would be so wrong if these courts overturned Terri's Law. Besides, Gov. Bush should not be subjected to a d*mn kangaroo court! Sounds like they're on the right track.

[lonevoice]

Oh my! Did he take all his sock puppets with him too, or is that too much to hope for?

[supercat]

I'm glad they're on top it. Hopefully they can intimidate these judicial bullies into backing off.

Many of the people on the Kill Terri side will never back off unless offered a suitable retirement home on an extradition-proof island somewhere.

As someone else noted, they're trying to kill Terri not because she's dying, but because she isn't. And I'd add: they're not trying to kill her because they know she won't recover, but because they fear she might.

In short: the very reasons they're trying to kill her are reasons she should be allowed to live.

[sweetliberty]

I couldn't have said it better.