Heinous article:
http://www.syndicatednews.net/schiavo.htm
Finally! Florida corrects the "Schiavo" nonsense
By Ruthie DiTucci
The Florida Supreme Court finally struck down the law rushed through their Legislature as a result of Gov. Jeb Bush's interference with a case he shouldn't have let himself get roped into in the first place.
The case surrounds a severely brain-damaged woman kept alive by a feeding tube in spite of her husband's (Michael Schiavo's) wishes.
The unanimous court agreed, that the law that kept Terri Schiavo alive directly violates the "separation of powers between the judicial branch and the legislative and executive branches."
Previously, lower courts ruled that her husband could have the tube removed, but the Legislature illegally and without authority, deliberately passed the law with the express intention of overruling the courts. Gov. Jeb Bush then used the law to order the tube reinserted.
The ruling may or may not clear the way for the tube's removal. Terri Schiavo's parents, prefer their unfortunate, but never the less brain dead daughter kept alive. Their daughter has not shown improvement or brain activity of any kind. Her body makes gurgling noises as happens frequently in cases where there is irreversible cessation of brain function.
Justice Barbara Pariente wrote, "It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case. That is precisely what occurred here."
The court declared that the law improperly delegated legislative powers to the governor, who had complete authority to issue or lift a stay.
Terri Schiavo, "exists" in a Clearwater nursing home. She can breathe on her own but relies on a feeding and hydration tube. She lost all mental capacity at the time of the incident. Courts and doctors on all sides have concluded she is in a "persistent vegetative state," but her parent's repeated requests for multiple stays have allowed this case to drag on.
The 40-year-old woman left no "living will" before suffering massive brain damage when her heart stopped beating 14 years ago. But in Florida, a person's wishes must be honored even if only verbal.
Schiavo's parents have long fought their son-in-law over wanting to unplug their daughter's life support. He has since remarried. The ruling will also likely clear the way for an insurance company that cleverly avoided paying Michael Schiavo (by hiding behind the court cases), to fork over a million dollars (plus interest) still owed to him.
The ruling will also likely clear the way for an insurance company that cleverly avoided paying Michael Schiavo (by hiding behind the court cases), to fork over a million dollars (plus interest) still owed to him.
Cleverly avoided, huh? Hmmmm. How do we get in touch with Ms. DiTucci? Michael is still owed $$$? Hmmmm.