Posted on 11/11/2003 10:17:59 AM PST by george wythe
Gov. Jeb Bush on Monday moved to block any quick action on the constitutional challenge to Terri's Law, a bid that could keep Terri Schiavo alive for at least as long as it takes to appeal a procedural issue.
Bush received an automatic stay of Michael Schiavo's lawsuit against him and Attorney General Charlie Crist by filing a notice of appeal on a decision by Circuit Judge Douglas Baird.
Now, before any constitutional challenge to Terri's Law can be decided, both sides will have to make their cases before the 2nd District Court of Appeal on whether the lawsuit was filed in the right county and whether the governor was properly notified that he is a defendant.
Michael Schiavo's attorney accused Bush of engaging in ``shameless delaying tactics.''
``The governor wants to delay this case through any possible legal maneuver for as long as he can,'' attorney George Felos said. ``I wish the governor would be a man about it and stand up and defend the law. He is almost like hiding in the bushes with his tail between his legs.''
Last week, Baird denied Bush's motion to dismiss Schiavo's lawsuit on the grounds that it should have been filed in circuit court in Tallahassee rather than in Pinellas County because the governor traditionally enjoys a home venue privilege.
Also, Bush complained he was not properly served notice that he was being sued.
Baird said a legal concept known as the ``sword-wielder exception to the home venue privilege'' allows citizens to defend themselves from government action in their home county.
Also, Bush waived his right to complain about not being properly served with the lawsuit when one of his attorneys participated in an emergency hearing Oct. 21, the night Schiavo's lawsuit was filed, the judge said.
That same night, Bush used the new state statute dubbed Terri's Law to order that a feeding tube be reinserted into Terri Schiavo's stomach so she could again receive liquid nutrition after almost seven days without food and water.
The feeding tube was removed Oct. 15 on court orders after an almost 5 1/2-year legal fight between Michael Schiavo and his wife's parents, Bob and Mary Schindler.
Terri Schiavo's brain was damaged in 1990 when she suffered heart failure at the age of 26.
The now 39-year-old woman has been in what her husband's doctors term a persistent vegetative state ever since. In a nonjury trial in January 2000, Circuit Judge George Greer agreed with Michael Schiavo's contention that his wife would not want to be kept alive with no hope of improvement.
The Schindlers contend their daughter reacts to them and could improve with therapy. In addition to battling their son-in-law in court, they have mounted an Internet-based public relations campaign featuring snippets of video that appear to show Terri Schiavo smiling at her mother and following a balloon with her eyes.
In August, Bush cited tens of thousands of calls and e-mails from Schindler supporters as his reason for seeking to intervene in the case.
Two months later, the Legislature responded by enacting Terri's Law, which gave Bush the power to stay a court order. The law also provided for the appointment of a guardian ad litem to investigate the case.
In a Nov. 6 letter to the new guardian, University of South Florida Professor Jay Wolfson, Bush requested a meeting to discuss issues the governor wants Wolfson to investigate.
Arrangements for a meeting were being discussed Monday, Bush spokesman Jacob DiPietre said.
Meanwhile, Michael Schiavo's attorney said he will ask Baird to lift the stay on his client's constitutional challenge to Terri's Law. The law violates Terri Schiavo's right to refuse medical treatment and improperly grants the governor power to interfere in a court case, Felos said.
Terri Schiavo has more to lose than Bush does if the stay remains in place, Felos said. It is a matter of her rights being ``violated on a daily basis'' versus Bush ``having to defend the case on its merits even though the sheriff did not knock on his door and serve him with a summons.''
And I'm just reading and looking at all the facts, as opposed to what the Courts and, most especially, what Judge Greer have actually looked at or considered.
I'm on board for asking him; however, he will require payment....and where in the world would we ever get enough money for that?
That's fine and dandy; then you should not call other people "dense" when they disagree with your opinions.
It is possible for people of good will to disagree about this issue without name-calling.
If you have ever witnessed a divorced couple, you know that nasty accusations fly back and forth, and the "facts" from either side must be taken with a grain of salt.
I asked you a question, and you refused to answer it.
I asked the question again, suggesting an answer.
You called me "dense."
Did your parents teach you to argue this way?
Did you learn that on Sunday school?
As it turned out, the public record supports the answer I suggested.
You may be correct....please post some links or I will feel justified in contacting the Admins.
Governor Bush used his God given authority in a desperate and courageous attempt to save a women from being murdered.
Well said!!! He sure did! The will of the people of Florida worked to refine a law that failed to cover cases involving unscrupulous guardians!
Good for FLORIDA!
Thought you might be interested in this article about Jeb Bush requesting to meet with Terri's new guardian ad litem.
Herald staff writer Lesley Clark contributed to this report.
The Miami Herald | 11/07/2003 | Gov. Bush asks to meet with Terri Schiavo's guardian ad litem
Request to meet with the guardian ad litem of brain-damaged Terri Schiavo prompts questions from lawyers and legal experts.
BY TERE FIGUERAS
Miami Herald
Gov. Jeb Bush has asked to meet with Terri Schiavo's new court-appointed guardian, saying he wants to express his concerns in person and assist the medical expert in ''determining the scope'' of his review of the brain-damaged woman's case.
Bush sent his letter Thursday to University of South Florida professor Jay Wolfson, the guardian ad litem for Schiavo, a 39-year-old woman who has been in a vegetative state since a 1990 heart attack.
The request prompted questions from lawyers for Schiavo's husband, who has been locked in a bitter legal battle with his in-laws.
Michael Schiavo says his wife did not want to be kept alive by artificial means.
Her parents say she may still recover.
''This is the latest example of the governor's intrusion into this case. I find it very inappropriate,'' said Howard Simon, executive director of the American Civil Liberties Union of Florida, which recently joined Michael Schiavo's legal team.
On Oct. 21, six days after Michael Schiavo had his wife's feeding tube removed with the court's approval, Bush used a new state law -- known as ''Terri's Law'' -- to have the tube reinserted.
Bush, speaking with The Herald on Thursday, said his request to speak with Wolfson before Wolfson issues his recommendations to the governor and the court was not inappropriate and would not interfere with Wolfson's investigation.
''What the judge asked the guardian to do is make a determination based on some very specific facts,'' Bush said. To make a final decision on Terri Schiavo's fate, he said, ``I need to have a larger set of facts to explore and so I want to talk to him about it.''
University of Miami law professor Bernard Perlmutter said the request undermines the guardian ad litem's role.
''It's inappropriate and improper,'' said Perlmutter, director of the law school's Children and Youth Law Clinic.
``Courts don't make decisions behind closed doors. It seriously questions the legitimacy of the process if there's even the appearance that the governor is using the power he wields to influence the findings of this highly qualified individual.''
Wolfson, for his part, declined to say if he would accept the governor's invitation.
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< Resoures:
<http://www.sunherald.com/mld/sunherald/news/nation/7206541.htm
http://www.ccbrundage.net/saints/
http://www.ccbrundage.net/
http://www.thecelticplanet.com/
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Terri's Links http://heavenlyhands.net/terrislinks.html
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a complete reading of this very thread would reveal the documentation to debunk said lie. do your own homework.
btw, i didn't get that bit about "contacting the Admins" - what is that?
You're right. I never thought about that- Saying "I would not want to live like that" from a TV show is NOT making an informed choice. Not to mention, it's hearsay that Terri even said this. There is NO written Living Will.
All the judge is going on is the uninformed, conflicted (possibly abusive) , hearsay word of the unfaithful spouse who stands to gain from his wife's death. How is it that any judge would order her starved to death based on this?
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