Terry Schiavo Executive Order

Governor's Office (email) | Oct 21, 2003 | Gov. Jeb Bush

[beckett]

The Governor has just sent this email to those who contacted him about Terry:

Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler-Schiavo. Attached please find a statement by Governor Bush relating to actions taken today by the Florida Legislature and the Governor.

Again, thank you for writing to Governor Bush.

FOR IMMEDIATE RELEASE
CONTACT: ALIA FARAJ
TUESDAY, OCTOBER 21, 2003
(850) 488-5394

Statement By: GOVERNOR JEB BUSH

Regarding Theresa Schiavo

TALLAHASSEE- "Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo's right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.

"The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.

"My thoughts and prayers remain with Terri and those who love her."

# # #

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NO. 03-201

WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and

WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and

WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and

WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and

WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and

WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and

WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and

WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;

NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:

Section 1.

A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.

B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.

C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.

D. This order shall be binding on all persons having notice of its provisions.

E. This order shall be effective until such time as the Governor revokes it.

F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.

IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003. _______________________________________

GOVERNOR

ATTEST: ________________________________

SECRETARY OF STATE

Celeste F. Lewis
Director
Office of Citizens' Services
Executive Office of the Governor
850/488-7146 (Phone)
850/487-0801 (Fax)

[Conservababe]

Personally, I'd like to see some judicial reform. Judges should at least not enjoy impunity at the polls - they should have to campaign and they should have to defend their decisions before the public.

As my grandmother used to say "boy, did you speak a mouthful". I agree.

The courts are the powerful branch of government, and the ones we pay least attention to in elections. I am guilty as the rest, I suppose.

But, I will pay more attention next election and demand debates of the candidates for judges. Hey, if they want the job, they should go through the interview.

[aristeides]

Except that was a clear violation of the US Constitution from my recollection.

The three dissenters (who included the chief justice) didn't think it was that clear.

[feedback doctor]

I guess this means the laws of the land and the judges who uphold the laws have just been told their voice and judgement mean nothing. Sorry Jeb you just lost my vote and my wife`s.

The law of the land (Florida) is what the Governor was upholding. Judges are not omnipotent, at least that's what the duly elected legislature in the state of Florida said.

[george wythe]

.

I have a legal concern about this. Take this example:

A married woman gets involved in a car wreck. She’s taken to the hospital, unconscious and brain-injured. The doctors need to perform surgery to remove excessive liquid in her brain, but her husband claims that her wife is a Christian Scientist who will not accept surgery. He claims that prayer will heal his wife.

The doctors maintain that unless they drain her brain and install a temporary drain tube on her head, she will die due to the continuous fluid buildup inside her skull.

Her parents assert she talked to them on the phone a few days before the accident, and the parents say that she told them that surgery was not against her evolving understanding of Christian Science. The parents want surgery performed immediately to relieve the pressure inside her skull and save her life.

Should Jeb stop the painful death of this woman due to the fluid buildup inside her skull? Should Jeb allow the husband to speak as her guardian?

[fqued]

I guess this means the laws of the land and the judges who uphold the laws have just been told their voice and judgement mean nothing. Sorry Jeb you just lost my vote and my wife`s.

Uh, this is NOW the law of the land. Laws change, and we like that. We like that laws are not static for hundreds of years, but can be changed as the circumstances warrant. the ability of the legislature and the governor to pass laws and to correct laws, and to change laws is a good thing.

[ForOurFuture]

I guess this means the laws of the land and the judges who uphold the laws have just been told their voice and judgement mean nothing. Sorry Jeb you just lost my vote and my wife`s.

When the voice and judgement of the law of the land and the judges who uphold them permit state-sanctioned murder, then yes, they do mean nothing, and they should.

[Beach_Babe]

Here are some I've been emailing:

Jeb.Bush@MyFlorida.com, alexander.jd.web@flsenate.gov, argenziano.nancy.web@flsenate.gov, aronberg.dave.web@flsenate.gov, atwater.jeffrey.web@flsenate.gov, bennett.mike.web@flsenate.gov, bullard.larcenia.web@flsenate.gov, campbell.walter.web@flsenate.gov, carlton.lisa.web@flsenate.gov, clary.charlie.web@flsenate.gov, constantine.lee.web@flsenate.gov, cowin.anna.web@flsenate.gov, crist.victor.web@flsenate.gov, dawson.mandy.web@flsenate.gov, portilla.alex.web@flsenate.gov, dockery.paula.web@flsenate.gov, fasano.mike.web@flsenate.gov, garcia.rudy.web@flsenate.gov, geller.steven.web@flsenate.gov, haridopolos.mike.web@flsenate.gov, hill.anthony.web@flsenate.gov, jones.dennis.web@flsenate.gov, king.james.web@flsenate.gov, klein.ron.web@flsenate.gov, lawson.alfred.web@flsenate.gov, lee.tom.web@flsenate.gov, lynn.evelyn.web@flsenate.gov, margolis.gwen.web@flsenate.gov, miller.lesley.web@flsenate.gov, peaden.durell.web@flsenate.gov, posey.bill.web@flsenate.gov, pruitt.ken.web@flsenate.gov, saunders.burt.web@flsenate.gov, sebesta.jim.web@flsenate.gov, siplin.gary.web@flsenate.gov, smith.rod.web@flsenate.gov, villalobos.alex.web@flsenate.gov, schultz.debbie.web@flsenate.gov, wilson.frederica.web@flsenate.gov, wise.stephen.web@flsenate.gov

[johnb838]

For the last 13 years, her husband and parents have been living with this tragic case. Only now do the righteous citizens give a hoot.

Why does somebody always have to play the hypocracy card? Your statement is bullcrap. People have been fighting for Terri and trying to get the word out for years and years. I myself learned of it from Glen Beck about a year ago. He himself had been rooting for her to have the tube removed when he was a DJ in Tampa, until he found out the true nature of the situation.

[supercat]

Courts of appeals sometimes take cases away from trial judges and assign them to new judges.

True, but it's almost impossible to get a case taken away from a trial judge without that judge's approval unless the need for such removal was anticipated in advance.

[HiTech RedNeck]

This Terri law sets no court precedent for anything else, certainly not like that.

[Rome2000]

Bill Number ....: HB 35E Date: 10/20/2003
Amendment Number: Time: 10:11PM
Reading Number .: 3 Session Sequence No: 644
Floor Actions ..: Passage

In the Chair ...: Byrd

Yeas - 68 Nays - 23 Not Voting - 28
MEMBER MEMBER MEMBER
Y Adams Y Fiorentino Y Murzin
Y Allen Y Galvano Y Needelman
Y Altman N Gannon Y Negron
Y Ambler - Garcia Y Patterson
N Anderson Y Gardiner - Paul
N Antone N Gelber - Peterman
Y Arza N Gibson, A. Y Pickens
Y Attkisson Y Gibson, H. - Planas
N Ausley Y Goodlette Y Poppell
- Baker - Gottlieb N Prieguez
- Barreiro Y Green - Quinones
Y Baxley - Greenstein Y Reagan
Y Bean N Harper - Rich
N Bendross-Mindingall Y Harrell N Richardson
Y Bense Y Harrington - Ritter
- Benson - Hasner Y Rivera
Y Berfield Y Henriquez Y Robaina
Y Bilirakis Y Holloway - Roberson
Y Bowen Y Homan Y Ross
- Brandenburg N Jennings Y Rubio
Y Brown Y Johnson - Russell
Y Brummer Y Jordan N Ryan
- Brutus N Joyner Y Sansom
N Bucher - Justice N Seiler
Y Bullard Y Kallinger Y Simmons
Y Byrd N Kendrick - Slosberg
- Cantens Y Kilmer N Smith
Y Carroll Y Kosmas N Sobel
Y Clarke Y Kottkamp - Sorensen
Y Cretul Y Kravitz Y Spratt
Y Culp - Kyle Y Stansel
- Cusack Y Littlefield Y Stargel
Y Davis, D. Y Llorente - Sullivan
Y Davis, M. N Machek Y Troutman
Y Dean - Mahon N Vana
- Detert - Mayfield Y Waters
Y Domino Y McInvale N Wiles
Y Evers Y Meadows N Wishner
Y Farkas Y Mealor N Zapata
- Fields Y Murman

[Rome2000]

Bill Number ....: HB 35E Date: 10/21/2003
Amendment Number: Time: 03:28PM
Reading Number .: 3 Roll Call: 2
Floor Actions ..:

Yeas - 23 Nays - 15 Not Voting - 2
VA VO MEMBER VA VO MEMBER VA VO MEMBER
_ N Alexander _ N Dockery _ Y Peaden
_ N Argenziano _ Y Fasano _ Y Posey
_ N Aronberg _ Y Garcia _ Y Pruitt
_ Y Atwater _ N Geller _ Y Saunders
_ N Bennett _ Y Haridopolos _ Y Sebesta
_ N Bullard _ - Hill _ N Siplin
_ Y Campbell _ Y Jones _ N Smith
_ N Carlton _ Y King _ N Villalobos
_ Y Clary _ N Klein _ N Wasserman Schultz
_ Y Constantine _ Y Lawson _ Y Webster
_ Y Cowin _ Y Lee _ EX Wilson
_ Y Crist _ Y Lynn _ Y Wise
_ N Dawson _ N Margolis
_ Y Diaz de la Portilla _ Y Miller
Presiding: King President: James King
'VA'=Vote After Roll Call 'VO'=Chamber Vote

[kennedyd]

If a new law overturns or changes a prior law which was the basis for a court's decision, the court's decision is legally void. Legislatures, not judges, make the laws. Are you saying that legislative repeal or modification of an existing law means that the laws of the land mean nothing?

[Conservative til I die]

For the last 13 years, her husband and parents have been living with this tragic case. Only now do the righteous citizens give a hoot.

Maybe because most of us just found out about it????? Grinch.

[ConservativeMan55]

OK...so the feeding tube has been re-inserted. But do the parents get custody of her? Do they get to see her?

[HiTech RedNeck]

That would be nice, but what would be better is to arrest him and then put him on a diet of stale bred and stagnant water.

Or, a diet of nothing?

[george wythe]

This Terri law sets no court precedent for anything else, certainly not like that.

Fine, let's assume that this law does not set a precedent on this.

Indulge me another question.

The Florida legisture passes a law about this, saying when there is a family conflict, the governor has the right to order liquid to be drained from patients with brain injuries, in order to prevent an unnecessary death.

Do you have a problem with such law?

[supercat]

Should Jeb stop the painful death of this woman due to the fluid buildup inside her skull? Should Jeb allow the husband to speak as her guardian?

First off, unless this happens within the next 15 days, the point will be moot with regard to the current law.

If Jeb had the authority to intervene, I would expect him to defer to the courts unless he had extremely strong reason to believe that they were in error. In Terri's case, evidence exists of numerous conflicts of interest which Greer refused to acknowledged; Greer's refusal to acknowledge such conflicts of interest suggests he likely has some of his own.

Basically, I would interpret Jeb's power in this case as being a civil-law equivalent to the pardon power. Just as criminal-law cases are too important to be left entirely in the hands of a single trial-court judge, so too should be certain life-and-death civil law cases.

[beckett]

Jeb.Bush@MyFlorida.com

[Conservative til I die]

I assume Hitler would have gotten your vote, since he did have all the proper jurisdiction as Chancellor when he started up his concentration camps.

Was that a little over the top??? :)