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.
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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.
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.