The ACLU said the unprecedented actions of Florida lawmakers and Governor Jeb Bush to undo decisions by the courts and order the reinsertion of her feeding tubes are violations of Florida’s constitutional right to privacy and an unconstitutional intrusion on judicial authority.
...The brief cites Article 2, Section 3 of the Florida Constitution, which prohibits one branch of government from encroaching on the duties of another branch. In this case, the judiciary issued the decision that was reversed by the legislative and executive branches. The ACLU also argues the state law violates Mrs. Schiavo’s privacy rights as guaranteed under the Florida Constitution by interfering with her right to refuse medical treatment and forcing continuation of hydration and feeding tubes against her wishes.
Well there you have it. The question of fact before the court is now : does this act violate article 2, sec 3 of the FLA constitution. Keep in mind, the act never mentions the case by name, all it does is give the govenor power to act in certain cases. Like I said, I'm no lawyer, so I don't know if it will hold up.
SECTION 3. Branches of government.--The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.
To my layman mind that means the courts cannot make laws (hee, hee), also the legislature cannot decide court cases. I don't think Terri's law is a violation. It was a law passed by a legislature. That being said, the FL supremes (the corrupt ones) could easily argue that the law exercizes a power of the judiciary. What a mess! It's not a slam dunk either way!
Any perosn on this forum who agrees withe ACLU is on the wrong forum... DU awaits.