Jeb Bush to Challenge Schiavo Ruling

yahoo ^ | Oct 4, 04 | AP?YAhoo

[churchillbuff]

Gov. Jeb Bush will ask the Florida Supreme Court (news - web sites) to reconsider its 7-0 ruling against a law designed to keep a brain-damaged woman alive, a spokesman said Monday.

Florida's high court ruled two weeks ago that Bush and state lawmakers overstepped their authority with the year-old law ordering that Terri Schiavo's feeding tube be reinserted six days after her husband had it removed so she could die.

Since a judge had heard evidence in the case and ruled for the husband, the law violated the fundamental doctrine of separation of powers in the Florida Constitution, the Supreme Court ruled.

Bush said in statement Monday that he respected the "role and the judgment of the Florida Supreme Court" but that he feared the Schiavo ruling could limit the ability of state lawmakers to govern.

He also said that while the doctrine of separation of powers is critical to the state's system of government it shouldn't be used to undercut the due process rights of governors or lawmakers.

Michael Schiavo's attorney, George Felos, said the governor's motion didn't raise any new issues and it seemed to be filed only to delay the case.

"It's preposterous to think that the court misunderstood or overlooked the law or the facts in this case, which was so carefully reviewed and scrutinized," Felos said.

Last week in Clearwater, a trial judge listened to arguments over whether Terri Schiavo was such an obedient Roman Catholic that new statements from the pope about end-of-life care would change any wishes she might have had more than 14 years ago.

Circuit Judge George Greer said he would decide in coming weeks whether he should hold a hearing on the issue. Greer has twice granted Michael Schiavo permission to withdraw his wife's feeding tube.

The request for further hearings is among the latest legal maneuvers by Terri Schiavo's parents, Bob and Mary Schindler, to find a legal reason to keep their daughter alive.

Terri Schiavo, 40, remains in a Clearwater nursing home.

She suffered severe brain damage when her heart stopped beating from a chemical imbalance physicians said was brought on by an eating disorder. She left no written directive but her husband has argued she would want the feeding tube removed, a point disputed by her parents.

Some doctors have testified she is in a persistent vegetative state with no hope for recovery; her parents have countered with their own medical experts who believe she might have a chance at rehabilitation.

[churchillbuff]

Jeb Bush in 2008.

[sarasotarepublican]

Jeb is a hell of a governor. He is going to deliver Florida to his brother, the President.

[pollywog]

Jeb Bush in 2008.

YOU BET!!!! There is a man who is not afraid to even stand alone when a issue is RIGHT!! GO JEB!!!!!!!!!!!!

[pgkdan]

Sounds good to me!

[Screaming Eagle Red Leg]

Terri’s husband is an ass. He can simply divorce her and wash his hands of the matter, permitting her parents to be legally responsible for her. Why in the world can this ass only be happy if Terri is dead?

[TBarnett34]

Odd that you'd push for Jeb in 2008 when you hate George W. so much.

[aft_lizard]

great for him, this is potentially the most dangerous case since roe v wade, where the courts have jurisdicrion over who can live or die.

[jocon307]

"Jeb Bush in 2008."

He's got my vote, absolutely.

I think our only problem in '08 might be a bench that is TOO good. Because there are a bunch of them I'd vote for.

I doubt Jeb will run in '08 actually. The Bushes truly are good people, and self-less public servants and I think they'd hesitate to appear to be setting up a dynasty. Besides, we are going to need someone not so nice to run against Madame Hillary. I'm expecting we'll see the Rudy/Hillary match we were cheated out of by fate in '00.

Which would be fine by me, because Rudy will kick her *ss.

[Tucson_AZ]

Think about it - why would he want her dead and not rehabilitated enough to effectively communicate?

[Dante3]

It is horrible how Michael has treated Terri and her family. Among the long list of things he has done: he wouldn't permit flowers in her room, falsely accused the parents of trying to harm Terri and then used this as an excuse to prohibit them from visiting Terri, etc. etc. And all this while he was in a frenzy to have her slowly starved to death.

[Kylie_04]

I reserve the right to be TOTALLY wrong, but I would bet that the next Bush we see on a presidential ballot won't be Jeb, but George P....something tells me Jeb doesn't want the job....

[Askel5]

Ever hopeful. This is good news.

[Screaming Eagle Red Leg]

Yes, maybe he needs to feel the heat of an investigation. All he has to do is file for divorce, the court will appoint a guardian ad litem for Terri, an uncontested divorce will be granted, and Terri's parents can be appointed as her guardians. Her hubby could then do as he pleased with his life.

Michael is an ass.

[jwalsh07]

How you can be so wrong about Iraq and so right about pro life issues is one of lifes little mysteries never to be solved.

:-}

[Gimme]

Terri’s husband is an ass. He can simply divorce her and wash his hands of the matter, permitting her parents to be legally responsible for her. Why in the world can this ass only be happy if Terri is dead?

Money?

[perfect stranger]

It's curious you got no reply on this comment from churchillbuff.

[Screaming Eagle Red Leg]

Money?

Don't know for sure, but I've heard there is no money. And, if there is a large life insurance policy on Terri, her hubby should have no say in her care as he would have a financial interest in her death.

[supercat]

Although I am glad that Jeb Bush is taking this step, I would think it important that Terri's supporters not wait for a result here.

I don't want people to be clamoring to the legislature for 20,000 different forms of relief, but we should try to come up with some reasonable list of things to hammer on.

Suggestions:

1. Impeach Judge Greer. Some of his conduct in this case is grossly improper. Regardless of what one thinks of his fact-finding abilities, his consistent failure to demand that Michael Schiavo even show up for things like depositions is outrageous. Likewise his granting of perpetual continuances in the guardianship case the Scindlers filed in 2002. Unlike the fact-finding issues, which may be open to judgement, these procedural matters represent gross abuse of discretion.

2. Provide in law that a guardian against whom a bona fide challenge of guardianship is pending may not undertake any action which would cause the death of a ward, nor fail to undertake any action which a reasonable person would believe necessary to preserve the life of the ward, even if such undertaking or failure would be otherwise legal, until the guardianship challenge has been resolved.

3. Provide in law that if a guardian's spouse is also the ward, that the guardian is forbidden from having any contact (except as legally required) with any person with whom the guardian has committed adultery against the spouse-ward, or the children thereof; any such contact shall be grounds for immediate recovation of guardiansip [nb: this is not ex-post-facto legislation, because what would be punished would be conduct following its passage]

4. Provide in law that if a guardian's spouse is also the ward, that extramarital cohabitation or siring/bearing of children shall be construed as prima facie evidence of a conflict between the guardian's interests and those of the ward. Any reasonable judge should consider this obvious, but making it explicit wouldn't hurt.

5. Provide in law that a party challenging a guardianship hearing may file a request for expedition any time ten months after the original challenge is filed, or after the passage of the law, whichever is later; if a judge fails or refuses to hear the case within two weeks of such request, a new judge shall be assigned.

6. Provide that for someone to be fatally starved or dehydrated, there must be clear and compelling evidence that they specifically want to be deprived of food and/or water; a mere desire 'not to live' shall not be sufficient. Any interested person may demand that any pending starvation or dehydration must be stayed until such time as the evidence can be examined to determine whether the evidence supports the specific desire to be starved or dehydrated.

7. Provide that hearsay evidence regarding a person's wishes shall not be considered "clear and compelling evidence" if it is contested by any of the person's parents, children, or siblings, or the person's spouse. If a person's starvation or dehydration is pending as a result of hearsay regarding their wishes, any of the above-identified people may order it stayed until a hearing to determine if any evidence regarding their wishes exists that meets the new legal standard.

Which among those would seem worth pushing?

[churchillbuff]

I'm voting for W. Don't like his Iraq policy, though. That's not "hate," that's strong disagreement with a policy. On the other hand, I like his judge nominees, his tax cuts, his anti-abortion (partial birth) bill; some of his enviro policies (where he's rolled back Clinton and Carter craziness). But, yes, I'm agaisnt the Iraq invasion. That doesn't make me liberal, or a Bush-hater - - - and by no means would it make me a supporter of Kerry, who's on the opposite side of all the issues I list above.

[supercat]

Terri’s husband is an ass. He can simply divorce her and wash his hands of the matter, permitting her parents to be legally responsible for her. Why in the world can this ass only be happy if Terri is dead?

Money?

If Terri receives therapy and recovers at all, the fact of her recovery will in and of itself likely constitute evidence of felony mistreatment.