[Catspaw]

What kind of legislation do you think would not violate separation of powers, by dictating to the judiciary (which I take it is your objection to this law)?

When I talked about legislative action in this case a few days ago, it was changes in the living will statute itself (I think it's 765.03, but I could be wrong--and without a grandfather clause, to allow the Schindlers to get into court & get a TRO to replace the feeding tube) concerning feeding tubes & hydration, clarify what the courts should do in disputed cases (mandate a GAL for example), legislation much broader than this legislation specifically tailored to one case that has, in effect, overrode a court order. One of the state senators said they'd correct the statute in another session (she voted for the bill), but if that's their legislative intent, they could have done so during this session. Because this law is too narrowly tailored and is specific to only the Schiavo-Schindler case, with its legislative intent to negate the court order in this specific case, it's going to have trouble surviving a Constitutional test. The question is: does this law usurp the inherent powers of the judiciary by the executive and legislative branches of government?

They may have won the battle, but they haven't won the war.

[First_Salute]

Bump --- affadavit by registered nurse Carla Iyer, who was employed at Palm Garden of Largo Convalescent Center in Largo, Florida from April 1995 to July 1996, while Terri Schiavo was a patient there.

[aristeides]

Lots of legislation is very narrowly tailored. (I recommend you take a look at the tax legislation Congress passes every year. Lots of the new provisions have obviously been designed with a particular constituent in mind. In form, they are general, although the conditions under which they apply are very narrowly defined. Same story here.) As far as I know, such legislation always survives attack on that ground, unless it happens to be a bill of attainder, penalizing somebody. This is not a bill of attainder.