Posted on 03/25/2005 8:05:47 AM PST by yatros from flatwater
STARVATION: DAY 8
Jeb Bush not likely
to ride to rescue
Florida governor indicates
he won't defy court order
Those hoping Florida Gov. Jeb Bush will step forward to save Terri Schiavo from imminent, court-ordered starvation death are likely to be disappointed, based on his comments to a group of reporters following county court Judge George Greer's ruling against the state's effort to take custody of the brain-injured woman at the center of a worldwide euthanasia controversy.
While Bush reiterated his motivation to save Schiavo, based on new evidence that she is not in a persistent vegetative state and is, to some degree, conscious of her surroundings, the governor said "it isn't possible to remove her" from the hospice.
Earlier in the week, there were hints from the Bush administration that the Department of Children and Families might use force, if necessary, to stabilize Terri Schiavo and remove her from the facility.
"The judge is so focused on carrying out whatever decision he made years ago, that I guess the additional information he just rejected out of hand, and rejected the ability of the department to go in and stabilize her," he said. "It isn't possible right now to remove her. ... Given the fact that she's being starved to death it would be difficult to move her."
Bush downplayed the earlier reports about the possibility of action by the DCF.
"We never said that unilaterally we would do something that's against the court," he said. "I've been asked to do it by a lot of people – a lot of the advice I'm getting over the Internet and over television and the like. I know that there were lots of rumors of things that aren't accurate. I have a duty to uphold the law and I have been very consistent about that. It seemed like a big story that never was confirmed because it wasn't true. If we had that ability to do it, if there wasn't an injunction, we would do it right now. We would stabilize her by giving her hydration. We couldn't put a feeding tube in. There was already a court order in place. The opportunity we had was appealing his decision."
A prominent evangelical Christian leader yesterday urged Bush to disobey the judge's order barring the Florida governor from intervening to save the life of Terri Schiavo. In a statement shortly after Judge George Greer's decision, Rev. D. James Kennedy pointed to Bush "as the only legal authority who can save the life of Terri Schiavo."
Kennedy, president of Coral Ridge Ministries, said Bush "must act and he must act immediately on her behalf."
"He must disregard the order of Judge Greer," Kennedy said. "He has both the authority and the duty to do so under the state constitution."
Greer rejected Bush's request to grant the governor protective custody. On Wednesday he barred the Department of Children & Families from taking custody. Also yesterday, the U.S. Supreme Court rejected a request from Terri Schiavo's parents, Robert and Mary Schindler, for an emergency order allowing her feeding tube to be reinserted.
Bush said new information had come to light warranting intervention, including a review of Terri Schiavo's condition by neurologist Dr. William Cheshire, who claims she may have been misdiagnosed. Cheshire believes Schiavo to be in a "minimally conscious state," not a "persistent vegetative state" as Greer has determined.
"It is imperative that she be stabilized so the DCF team can fulfill their statute to review the facts surrounding the case," Bush said.
Kennedy said Bush should be commended for his efforts over the past two years – which include the state legislature's passage of "Terri's Law" – but he noted those efforts "thus far has proven fruitless." The law later was declared unconstitutional.
"Neither the state legislature nor the courts, state or federal, have been willing to act on behalf of this helpless woman who is now within hours of death," Kennedy said.
Kennedy points out the Florida Constitution states in Article I, Section 2, that "[a]ll natural persons, female and male alike, are equal before the law, and have inalienable rights, among which are the right to enjoy and defend life ... ." According to the Constitution, "no person shall be deprived of any right [including the right to enjoy life] because of ... physical disability."
Similar arguments were brought to Florida's capital this morning by former Judicial Watch Chairman Larry Klayman and former presidential candidate Alan Keyes. Keyes wrote a column published yesterday by WorldNetDaily, arguing for Bush to step in and save Schiavo amid judicial abuse of the separation of powers.
"I have talked to a whole lot of people that I respect, not just now but the first time when Terri's law was passed, to make the determination of what my powers are and they are not as expansive as people would want them to be," Bush said yesterday. "And I understand, they're acting on their heart and I fully appreciate their sentiments and the emotions that go with this, but .... I've consistently said that I can't go beyond what my powers are and I'm not going to do it. There are 90,000 abortions that take place in this state every year. That troubles me more than I can ever describe, but that doesn't mean that I have some secret powers to stop that. There are a lot of things that go on in society that trouble me and this is certainly one of them. To have someone starve to death troubles me greatly and we have done everything we can and we will continue to do so within the powers that I have."
It seems clear that we now have but one trunk of government, the judicial. The former branches are now appendages of the superior. The legislative appendage serves clerically, preparing "laws" (read briefs) for the judiciary, while the executive appendage carries out the enforcement orders of the judiciary.
Somebody, please convince me that I'm wrong. There is no other plausible explanation unless he has had his testacles removed.
Happy Easter, Governor. Enjoy your mother f*&%^&ing ham.
Yep, looks like Jeb is going to take the Pontius Pilate approach. Happy Easter!
There is a time to obey man, and a time to obey God.
Jeb has gone beyond the call of duty and done more for this woman over the last few years than anyone could ever ask for. He made me proud to have voted for him.
Keep in mind...he is the best political strategist this side of Karl Rove...and I mean that. He is a political genius. Methinks...he is going to take care of this in many other ways when this is all said and done for.
The real show has yet to begin...bank on it.
I believe people have tried to do that - but Michael's buddies in the police dept are standing guard and people are being arrested.
Jeb Bush is definately one of the really good guys. Lets put it where it belongs - the courts and judges.
Well, what's keeping YOU from rescuing her?
Fear of the consequences, perhaps?
Looks like you're right. Most "polls" I've seen show 60-80% of the respondents say Mr. Schiavo should have the right to decide hat happens, not her parents, Congress or the courts. Jeb sees that and figures if he wants to be re-elected, he should stay out of it. Sad to think that nut-bag husband is in charge of a human life. His "fiancee" better wise up and have her own living will spelled out.
Sadly, Judge Greer is now King of America. he's more powerful than than the Cogress or the President. He gave the bird to the Congress and they did NOTHING!!
Across the board, the judiciary has asserted its pre-eminence.
Ave Caesar, Juris Maximus
Random thought...
A Lot of people are bashing JEB. He has done everything LEGAL he can. What else can he do LEGALLY? I am as frustrated as everyone else but lets put blame on the parties who should be blamed MS & the Judge.
Would any of us keyboard jockeys be willing to go down there and do something illegal? I highly doubt it, as we still will act within the law even though MS and the Judge won't. When all is said and done good will prevail over evil.
Yep, I think you are right. I want a politician with some NUTZZZZZZZZZZZ AND BACKBONE!!!!!!!!!!!
Ain't seen one in years.
I agree with you. Some people here are the 'do as I say, not as I do' crowd. They want someone else to break the law to satisfy them. Sickening.
I am proud of Gov. Bush, but do believe he has the power to have DCF do an emergency removal, and that he should do so if Terri is not in a PVS.
If she is not in a PVS and this can be shown, the predicate for her murder disappears.
I don't believe that the FL appellate courts or the federal courts would allow her to be put to death, once tests (that Michael Schiavo and Judge Greer have resisted) are performed and show that she is not in PVS.
That Gov. Bush isn't taking this approach suggests to me that he hasn't been convinced enough that she is not in a PVS to risk bloodshed removing her, as Greer has illegally ordered the sheriffs to resist removal.
"A Lot of people are bashing JEB. He has done everything LEGAL he can. What else can he do LEGALLY? I am as frustrated as everyone else but lets put blame on the parties who should be blamed MS & the Judge."
I agree that Jeb has done a great deal to try to help Terri. What does bother me however is the fact that so many are coming out saying that Jeb DOES have the executive power to take custody of Terri. I still do not feel I know the truth yet on whether he DOES or DOES NOT have the authority to take custody. Wish I did know the truth!
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