It is frightening how widespread is the acceptance of the notion that the legislative and executive branches are subordinate to the judiciary? Even the legislative and executive seem to believe it, apparently taking the position that all they can ever do is ask the judiciary to review itself.
The system we have is one of three co-equal branches. What makes it work is not power or supremacy of one over the other. It is comity – each of the branches voluntarily and mutually respecting the authority of the other branches and the limits of its own. When one branch anoints itself with a primacy – and the others accept it – they are no longer co-equal. If there is no restraint on the judiciary other than what it chooses to place upon itself, what then are the limits on it?
Sure, on an individual basis there’s impeachment, removal. But what about a systemic imbalance? Or what about an emergency when time is of the essence? So let’s do the hypothetical in the context of the Schiavo matter. Yes, Jeb Bush has the ability and the authority to step in and, say, have Terri Schiavo taken into DCF custody administratively. And, yes, Greer then has the ability to issue a contempt ruling against Bush (though as Jackson said, let him enforce it!). And so then we have a constitutional crisis. How does it get resolved? Here’s the news flash for some: Not in the courts. It has to be settled among the parties. Co-equal parties. Give and take. Back and forth. Mutual agreement. Comity.
Otherwise, they’re not co-equal.
I believe Bush is going to take her into custody (I just wish he would HURRY). I also believe that Greer will ultimately step back or be consumed by the process. Evidence is mounting that Terri is not PVS and as that happens there will be more and more momentum behind medicating her, caring for her and attempting to rehabilitate her as much as possible. Her parents are the only ones remotely in a positoon at this point to oversee that IMHO.