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To: NYer
Bush signed the bill but he also issued an executive order. In order to prevail, Schiavo's minions must get both nullified. Easier said than done.

Getting the law nullified doesn't affect the executive order.

The legislature, from what I have been able to find out, so far, can take action to override an executive order. But the legislature is on board so there is no usuroation of their poewrs at issue. If there were they could petition for a judicial remedy.

That hasn't happened.

If the court tries to intrude into the legitimate powers to the legislative and executive branch, they'll be on pretty thin legal ice.

BTW I came accross this interesting tidbit.

EO 01-262 I hereby declare that a state of emergency exists in the State of Florida... The authority to suspend the effect of any statute or rule governing the conduct of state business, and the further authority to suspend the effect of any order or rule of any governmental entity...

This is part of an executive order issued by Jeb Bush in 2001.

It had no expiration date. Im wondering if he ever rescinded it. If not doesn't it make any appeal by Schiavo, Felos, or the ACLU moot?

After all, the courts are a government entity.

THis is also a good example of the sweeping executive power he has to act when he deems necessary.

27 posted on 10/24/2003 11:32:36 AM PDT by isrul
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To: isrul
Jeb Bush could use that technicality or innumerable others, to stop this insanity and get Terri to safe harbor.
He won't do it.
We are all very glad Terri's no longer being starved and dehydrated, but not all of us call what Jeb did "leadership."
He passed the buck to the legislature. C* h* b* instead of taking a firm stand and let come what may. To the good, Terri's out of immediate danger of starvation, and the media is paying better attention. Not to the good, she remains at the mercy of Michael Schiavo and his wacko lawyer and a biased judge.
Jeb could have ordered protective services---or law enforcement---to take custody of her, under law both state and federal, in his capacity as executive. And let the dogs bark while her caravan rolled to safety.
Timid half-measures won't save her or his career. Flame away. He's no champion of the disabled in my book.
34 posted on 10/24/2003 12:01:07 PM PDT by Graymatter
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