[aruanan]

This judge is going to hell.

[floriduh voter]

http://www.foxnews.com/story/0,2933,119215,00.html
FOXNews.com - Top Stories - Judge Rules Schiavo Law Unconstitutional

[phenn]

George, Baby. Your 15 minutes are long since up. Why don't you go make a few hundred thousand off of someone else's hardships for a change?

[deannadurbin]

How can men in black robes who have never met Terri decide her fate? Ridiculous!

[phenn]

GRETA TONIGHT!

Sorry for last minute. Ken Connor and George Felos will be on Greta van Susteren tonight, discussing this. 10.00pm ET (GMT-5)

[Future Useless Eater]

`

[Future Useless Eater]

Per FoxNews...

Judge Rules Schiavo Law Unconstitutional

DUNEDIN, Fla. — A law pushed through by Gov. Jeb Bush (search) to keep a severely brain-damaged woman alive was struck down by a Florida judge Thursday in the latest turn in one of the nation's longest and most bitter right-to-die cases.

The governor's office filed an immediate appeal.

Circuit Judge W. Douglas Baird ruled Terri's Law, named after Terri Schiavo (search), is unconstitutional because it violates the disabled woman's right to privacy and delegates legislative power to the governor.

The law was passed in October, just days after the removal of a feeding tube that has helped keep Schiavo alive for more than a decade. Bush immediately invoked the new law to order the feeding tube reinserted.

The tube will remain in place while the governor pursues his appeal.

Schiavo's husband, Michael, has fought a long court battle to remove the feeding tube and carry out what he said were his wife's wishes not to be kept alive artificially. The dispute has pitted him against his in-laws, Bob and Mary Schindler, who say her condition could improve.

Baird said Terri's Law (search) improperly gives the governor "unbridled discretion" and interferes with Terri Schiavo's right to make her own medical decisions.

The judge said Terri's Law "in every instance, ignores the existence of this right and authorizes the governor to act according to his personal discretion."

He said the governor failed to spell out any compelling state interest that would be adequate to override Schiavo's rights.

"It is profoundly disappointing that the mere bald and naked assertions Mr. Schiavo makes go untested in this proceeding," said Ken Connor, Bush's attorney. "The effect of all of this is that Mr. Schiavo gets to kill his wife through starvation and dehydration if this order is upheld."

Bush, who was in Washington, D.C., on Thursday, declined interview requests from The Associated Press.

Bob Schindler lashed out at Baird, saying county judges "have displayed an utterly cavalier attitude and a complete disregard for the rule of law."

Michael Schiavo's attorney, George Felos, said his client was "pleased and grateful."

"This is a very big day for Terri, for the enforcement of Terri's rights," he said.

Both sides said the case could go before the Florida Supreme Court.

Terri Schiavo, 40, was left severely brain damaged more than 14 years ago after her heart stopped because of a chemical imbalance brought on by an eating disorder. She left no written directive about her wishes if she were ever incapacitated.

Several right-to-die cases across the nation have been fought in the courts in recent years, but few, if any, have been this drawn-out and bitter. The tangled legal fight between Michael Schiavo and his in-laws has been heard by at least 20 judges in at least six courts.

The 2nd District Court of Appeal has previously upheld Michael Schiavo's legal quest to remove the tube.

The governor's attorneys have defended Terri's Law, saying it creates an additional layer of protection for a disabled woman who left no record of her wishes and whose husband has a conflict of interest in wanting to end her life.

"The governor believes very strongly that this statute is constitutional and there are a variety of compelling state interests here. The first is the protection of innocent life," Connor said.

Michael Schiavo is engaged to another woman with whom he has two children. At one point in the case, he stood to inherit hundreds of thousands of dollars from a medical trust fund that paid for his wife's care; the money has largely been depleted through legal bills.

Bush's decision to intercede in the case brought criticism from Democrats and accusations that the Republican was pandering to anti-abortion conservatives.

[antaresequity]

If someone wants to spend money on a brain dead human, how in the world is that a violation of the constitution?

I have to say, I am undecided on this whole issue, or have NO opinion...kind of.

I have question: I understand her parents want the plug pulled...does life insurance play into this? Are they [the parents] footing the life support bill?

If the parents are being forced to pay for the medical bills, THAT IS WRONG. If the parents stand to windfall off of a life insurance policy...THAT IS DISGUSTING...

I said I don't have an opinion...but I guess I do...If her brain is totally flat line...I think keeping her alive artificially is actually quite gross.

[CounterCounterCulture]

Here we go again. Go Jeb!

[ClintonBeGone]

Baird ruled that the so-called ``Terri's Law'' is unconstitutional because it violates Terri Schiavo's right to privacy and because it delegated legislative power to the governor.

Just about every law passed by the legislature delegates legislative power to the executive branch. Bizzaro.

[richmwill]

Oh my God. As a disabled person (born with Cerebral Palsy), this honestly scares the heck out of me. Something like this COULD be my future- just a fact of life, as anyone with CP gets older (I'm 29 now) their organs could start to rapidly deteriorate. If this vicious man (Terri's "husband") and this judge get their way, it would be a terribly sad tragedy. How could the state allow this to happen with NO living will signed by Terri. NOTHING with her signature on it saying that it would be her wish to die. Just go by something she may or may not have said years ago- that's absolute insanity. And I also want to say, thank you to all the people who are supporting Terri. I can only hope if (God forbid) something like this happens to me later on in my life, that you wonderful people would be on my side too. Please never forget that the disabled are not an "inconvenience" to society- we're real people with the same feelings and emotions as all of you have, all created by the same God that created you.

[Ahban]

judicial tyranny placemarker

[phenn]

Hemlock Society 'applauds' Judge Baird:
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/05-06-2004/0002169209&EDATE=

[JamesA]

Personally I would not to live like that and have infact put my request in a living will. I have to wonder why however Ms.Teri's husband has gone to such lengths to have her put away. He seems to be on some kind of mission that seems almost criminal. I also wonder what type of kickback the liers and Judges are getting off her demise. If her family wants to take care of her, let them. Strange to say the least.

[PGalt]

Life

[Theodore R.]

I believe that from the start that the only way to save poor Terri is for the FBI to raid the hospice and physically remove her from the corruption of the State of FL. Won't happen! Maybe some foreign nation will offer her asylum. There must be justice somewhere in the world, but not in the USA.

[phenn]

http://www.foxnews.com/story/0,2933,119326,00.html

This is a partial transcript from On the Record with Greta Van Susteren, May 6, 2004 that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: Tonight: a Florida court has struck down a state law that is keeping Terri Schiavo (search) alive. "Terri's Law" was passed just days after Terri's husband Michael had the feeding tube removed. The law allowed Governor Jeb Bush (search) to order doctors to reconnect the feeding tube despite the objections of her husband. But tonight Florida Circuit Court Judge Douglas Baird (search) says the law is unconstitutional. Joining us from Tampa is Michael Schiavo's attorney George Felos, and here in Washington, the attorney for Florida Governor Jeb Bush, Ken Connor.

Ken, I suppose because you're the one who lost this, I should go first to you, what are you going to do?

KEN CONNOR, GOV. JEB BUSH'S ATTY.: Well, we filed an immediate appeal and also filed anotice of automatic stay. That's designed to preserve the status quo, to preserve Terri's life during thependency (ph) of this litigation. The governor feels very strongly this law is constitutional, that it affords anextra layer of protection for handicapped people like Terri Schiavo. And he intends to defend the law vigorously.

VAN SUSTEREN: George, why did the judge say that this law, Terri's Law, is unconstitutional?

GEORGE FELOS, MICHAEL SCHIAVO'S ATTY.: Greta, this decision issued by the court is a victory individual liberty. It was issued by the judge in the highest tradition of American jurisprudence. It basically said that the power of the state, the legislature and the governor can only go so far and it can't arbitrarily intrude into the private decision-making process of a citizen. The court also said that it violated the separation of powers because it effectively overruled a state court judgment, which permitted the removal of Terri's artificial life support.

VAN SUSTEREN: Ken...

CONNOR: Greta, I think it's important to understand that this decision did not come as a surprise.Before the governor had so much as even filed a response of pleading in the case, the judge had declaredpublicly that the law was unconstitutional without even having heard any...

VAN SUSTEREN: So you expected this.

CONNOR: ... arguments from the governor.


FELOS: Greta, that's...

CONNOR: And furthermore, that the ruling was precisely as the judge had indicated before thegovernor had a chance to file. That is why the governor filed a motion to accuse.

VAN SUSTEREN: All right, let me get George, yes, I am very careful on this topic because it's --this one is a hot potato. So many people are involved, invest in this. George, you want to respond?

FELOS: Yes. The judge did note declare this law unconstitutional before, what he did say is thatthe law might impinge upon Terri's privacy and it was up to the state to show a compelling interest to do so.And in his judgment today he said the state utterly failed to show any compelling reason why they canarbitrarily overturn an individual's privacy right.

VAN SUSTEREN: All right. So this one goes up for another review whether the statute isunconstitutional to the next highest court. Let me ask about your clients. Ken, did you talk to the governor after we got the decision?

CONNOR: No. The governor was traveling today. I had talked with him just yesterday or the daybefore though about this very case. The governor takes his duties very, very seriously under this case. Heunderstands the importance of protecting and respecting the decisions of handicapped people. And the legislature, of course, was not at all satisfied with the existing regime we had in Florida, and so said, if you're going to order somebody's life to be extinguished through starvation and dehydration, you're going to have to afford them an extra measure of protection such as a guardian ad litem, which Terri didn't receive the benefit of before.

VAN SUSTEREN: All right. Let me let you respond to that, George, and then I want to knowwhat your clients said when you called him.

PELOS: There have been guardian ad litems in this case. But we have...

CONNOR: Not at the time the decision was made, George.

PELOS: Let me respond, let me respond, please. You've had...

CONNOR: Well, don't misrepresent to the public...

PELOS: You've had your chance. You've had your chance. We've had six years of due processafforded this question. And in 18 hours of non-deliberation, the legislature in a knee-jerk reaction passed this bill in response to political pressure. What is going to happen now is we are going to have anadditional due deliberation in the appellate process. We don't know whether the court of appeal will be the intermediate court or directly the Florida Supreme Court. But we are confident that any court, any reasonable judge that looks at the facts of this case and the law will conclude as Judge Baird did that it's unconstitutional.

VAN SUSTEREN: All right, let me ask you one last question, Ken. Is this going to go to the ntermediary court of appeals or can you jump to the Florida Supreme Court?

CONNOR: Well, our appeal notice has been filed with the intermediate appellate court. Ultimately this case...

VAN SUSTEREN: Couldn't you jump to the supreme court?

CONNOR: Well, we couldn't jump without the court saying so. But in the final analysis, I am confident the Florida Supreme Court is going to decide the constitutionality or not of this statute.

VAN SUSTEREN: I've got five seconds left, George, give me your best estimate of when youthink the Florida Supreme Court will finally give a date, when do you think this will finally be over in theFlorida system, it may go to the Supreme Court, but Florida system?

FELOS: If it's bypassed, I think we could see a decision by the Florida Supreme Court in a matterof months. If it's not bypassed and we go through two appellate reviews, it could be longer than that.

VAN SUSTEREN: All right, gentlemen, thank you both very much. Obviously a very tough topic on both sides. Thank you, both.

[phenn]

http://freerepublic.com/focus/news/1131620/posts?page=1

apologies if this is a double-ping.

[phenn]

Schiavo may not wait until final say:
http://news.tbo.com/news/MGA9YWK1ZTD.html
``It's disgusting to think they could take action to cause her death during the pendency of the appeal,'' Connor said. ``It shows the goal is not to be governed by the rule of law but to facilitate the agenda they have that Terri should die.''

[floriduh voter]

THIS MAY BE NEW NEWS:

EXCERPT: Terri Schiavo's Parents, Pro-Life Groups Respond to Judge's Decision Clearwater, FL (LifeNews.com) -- The parents of Terri Schiavo, and pro-life organizations that have been closely monitoring the years-long legal battle they have waged to save Terri's life, are deeply disappointed by a local judge's ruling striking down a law that allowed Terri's feeding tube to remain in place. On Thursday, Circuit Court Judge Douglas Baird struck down Terri's Law, the measure approved by the Florida state legislature that authorized Governor Jeb Bush to ask doctors to reinsert the feeding tube that provided Terri with food and water. "These Pinellas County judges have displayed an utterly cavalier attitude and a complete disregard for the rule of law," Terri's father Robert Schindler said in reaction to Baird's decision. "They are aiding and abetting Michael Schiavo in his continuing crimes against Terri and this current order is nothing more than an unjust killing of a young woman who has demonstrated time and again that she very much wants to live." The American Center for Law and Justice, a pro-life law firm which has been helping Terri's parents in the legal battle, also expressed its disappointment and disagreed with Judge Baird that the law violated the separation of powers doctrine.

rest of story? http://www.lifenews.com/bio288.html