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Update on Terri's Law
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| FL House Speaker Byrd
Posted on 11/20/2003 5:32:47 PM PST by babygene
Dear Concerned Citizen:
As you may know, the Florida House recently led the fight to help save Terri Schiavos life from being cut short by court-ordered dehydration and starvation.
We passed legislation, known as Terris Law to allow the Governor to issue a stay on court-ordered starvation and dehydration deaths under certain circumstances.
Like many Floridians, I believe the process failed to protect Terri Schiavo and her family. Our action helps to restore a piece of what has been taken from her family.
Unfortunately, Terris husband, Michael, has continued to pursue legal avenues to end Terris life. Terris case is again in courts, and the Florida House has filed a friend of the court brief defending the constitutionality of Terris Law.
I have attached the House brief for your information. Please take a minute to read our defense of Terris Law. At the following web link:
http://www.myfloridahouse.com/files/brief/index.htm
Thank your for your continued interest in this matter.
Very truly yours, Johnnie Byrd Speaker
TOPICS: Crime/Corruption; Culture/Society; Editorial
KEYWORDS: schiavo; terri; terrischiavo; terrisfight; terryschiavo
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1
posted on
11/20/2003 5:32:47 PM PST
by
babygene
To: babygene
bump
2
posted on
11/20/2003 5:35:52 PM PST
by
maestro
To: Budge; Pegita; cyn; Ladysmith; Calpernia; Babalu; floriduh voter; dandelion; PleaseNoMore; ...
Ping!
If you want on or off of this ping list, please let me know.
3
posted on
11/20/2003 5:44:52 PM PST
by
sweetliberty
("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
To: sweetliberty
4
posted on
11/20/2003 5:54:29 PM PST
by
nicmarlo
To: nicmarlo
Mine is 45 pages, but I can't unlock it
5
posted on
11/20/2003 6:09:57 PM PST
by
KDubRN
To: nicmarlo
link didnt work
6
posted on
11/20/2003 6:11:32 PM PST
by
sarasmom
To: sweetliberty
7
posted on
11/20/2003 6:15:18 PM PST
by
Diva Betsy Ross
((were it not for the brave, there would be no land of the free -))
To: KDubRN
That's weird.....it's 25 pages when I retrieve it.
8
posted on
11/20/2003 6:15:41 PM PST
by
nicmarlo
To: babygene
bttt
9
posted on
11/20/2003 6:19:25 PM PST
by
tutstar
To: sarasmom
I don't know why link did work for you...it still works for me. Do you have adobe acrobat on your computer? It's a pdf file. If you don't have adobe acrobat, here's a link to get it downloaded,
free. If you do have adobe, then try going directly to the site where the link to the document is available, here (scroll to the bottom where it says "printable pdf" and just click on it).
10
posted on
11/20/2003 6:20:19 PM PST
by
nicmarlo
To: sarasmom
The Florida House of Reps. site has another means of your reading the document without needing to get adobe....click on the "next" button, next to the "printable pdf" instead. It takes you directly to the document.
11
posted on
11/20/2003 6:22:54 PM PST
by
nicmarlo
To: sweetliberty
Have you read the Amicus Brief??? I suggest you do. IMHO, it is a scathing attack against Greer's actions.
12
posted on
11/20/2003 8:03:10 PM PST
by
nicmarlo
To: nicmarlo; RonPaulLives; Budge; Pegita; cyn; Ladysmith; Calpernia; Babalu; floriduh voter; ...
I looked at it. Didn't read it all though.
Check it out....looks like somebody is bent because our buddy, Palpatine, got hisself banned. This could be a fun thread.
Chancellor Palpatine?
13
posted on
11/20/2003 8:09:28 PM PST
by
sweetliberty
("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
To: sweetliberty
For instance, this sentence (page 17, last sentence in paragraph III. (c)):
The legislative authority to re-regulate who exercises a guardianship responsibility is the same whether that responsibility has been previously exercised by a private guardian, a public guardian, a felon or a circuit judge.
IMHO, the placement of the word "felon," immediately next to "a circuit judge," and the impact of its juxtaposition, was no accident and was not lost on these authors.
And should one argue that it was merely an "accident" in the choice of words, and their placement, then one must explain why there are other numerous attacks made against the judiciary for the several laws it has also violated in this case, as referred to in this Brief.
14
posted on
11/20/2003 8:20:37 PM PST
by
nicmarlo
To: nicmarlo
I'm glad they're on top it. Hopefully they can intimidate these judicial bullies into backing off.
15
posted on
11/20/2003 8:25:30 PM PST
by
sweetliberty
("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
To: sweetliberty
Remember, this is only an Amicus Brief.....but it is significant, in that the authors of the very law the judge is deciding upon its constitutionality, is given very strong direction by those who wrote said law. They also pulled in other Florida Supreme Court case law (not appealable). They also used the very words straight out the the DCA's opinion as a basis to show that "Judge" Greer is, indeed, acting as guardian...they're shoving the DCA's opinions, as directed toward Greer, down Baird's throat. For instance, on page 12:
It is reasonable for the Legislature to be concerned with the office of circuit judge functioning in the role of guardian and making private life or death decisions when that conduct affects the judicial officer's capacity to review those same decisions. (13) (13) The Second District Court of Appeal stated that for purposes of withdrawing nutrition and hydration 'the trial court essentially serves as the ward's guardian.' Schiavo, 780 So.2d 176, 179. Yet the Legislature has generally prohibited circuit judges from acting as guardians for persons with whom they had no prior relationship. See Fla. Stat. section 744.309(1)(b). Thus, the Legislature has previously established public policy to leave judges to judging, thereby restricting the holding of the dual offices of guardian and judge.
* * *
To summarize, the circuit judge became the decision maker in the Schiavo case, pursuant to Satz inspired, judicially supplied regulations adopted in Browning to fill a perceived legislative vacuum.
16
posted on
11/20/2003 8:42:54 PM PST
by
nicmarlo
To: nicmarlo
Well, I hope they're going to get right to the heart of it. It would be so wrong if these courts overturned Terri's Law. Besides, Gov. Bush should not be subjected to a d*mn kangaroo court! Sounds like they're on the right track.
17
posted on
11/20/2003 9:00:06 PM PST
by
sweetliberty
("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
To: sweetliberty
Oh my! Did he take all his sock puppets with him too, or is that too much to hope for?
18
posted on
11/20/2003 9:09:29 PM PST
by
lonevoice
(Legal disclaimer: The above is MY OPINION)
To: sweetliberty
I'm glad they're on top it. Hopefully they can intimidate these judicial bullies into backing off. Many of the people on the Kill Terri side will never back off unless offered a suitable retirement home on an extradition-proof island somewhere.
As someone else noted, they're trying to kill Terri not because she's dying, but because she isn't. And I'd add: they're not trying to kill her because they know she won't recover, but because they fear she might.
In short: the very reasons they're trying to kill her are reasons she should be allowed to live.
19
posted on
11/20/2003 9:11:38 PM PST
by
supercat
(Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
To: supercat
I couldn't have said it better.
20
posted on
11/20/2003 9:13:29 PM PST
by
sweetliberty
("Better to keep silent and be thought a fool than to open your mouth and remove all doubt.")
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