Look at the Florida Constitution:
ARTICLE IV, SECTION 8. Clemency.-- (a) Except in cases of treason and in cases where impeachment results in conviction, the governor may, by executive order filed with the custodian of state records, suspend collection of fines and forfeitures, grant reprieves not exceeding sixty days and, with the approval of two members of the cabinet, grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures for offenses.Lest we forget, the judge ordered Terri to die. He did not simply say Michael Schiavo could pull a feeding tube. He said Michael Schiavo SHALL deny her food and water. "Shall," under the law, is a mandatory requirement.
That is a death sentence.
Can it be that, simply because she was innocent, she is not worthy of the executive power to have her rights restored?
"Lest we forget, the judge ordered Terri to die. He did not simply say Michael Schiavo could pull a feeding tube. He said Michael Schiavo SHALL deny her food and water. "Shall," under the law, is a mandatory requirement.
That is a death sentence.Can it be that, simply because she was innocent, she is not worthy of the executive power to have her rights restored."
I agree that the governor may have been able to do more, but didn't he already intervene on her behalf before only to be overturned?
ONe thing for sure if this is an execution it's the longest one in our history.
Governor Bush did just that.
October 21, 2003
Florida Governor's Office EXECUTIVE ORDER NUMBER 03-201 WHEREAS, on October 21, 2003, the Florida Legislature passed House Bill 35-E (to be published as Public Law 03-418), signed this date by me, authorizing the Governor to issue a one-time stay in certain cases where, as of October 15, 2003, the action of withholding or withdrawing nutrition or hydration from a patient in a permanent vegetative state has already occurred and there is no written advance directive and a family member has challenged the withholding or withdrawing of nutrition and hydration; and
WHEREAS, under House Bill 35-E a person may not be held civilly liable and is not subject to regulatory or disciplinary sanctions for taking any action to comply with a stay issued by the Governor pursuant to House Bill 35-E; and
WHEREAS, in the case of Theresa Marie Schindler Schiavo, Robert Schindler and Mary Schindler, the parents of Theresa Marie Schindler Schiavo, have requested that the Governor enter a stay prohibiting further withholding or withdrawing of nutrition or hydration; and
WHEREAS, a court has found that Theresa Schiavo is in a persistent vegetative state as of October 15, 2003; and
WHEREAS, Theresa Schiavo had no written advance directive as of October 15, 2003; and
WHEREAS, nutrition and hydration have been withdrawn from Theresa Schiavo, and continues to be withheld as of October 15, 2003; and
WHEREAS, the Schindlers have challenged the withdrawal and withholding of nutrition and hydration as of October 15, 2003; and
WHEREAS, an immediate and urgent need has arisen to address the removal of nutrition or hydration, because death due to lack of nutrition and hydration is imminent;
NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, by the powers vested in me by the Constitution and laws of the State of Florida, specifically House Bill 35-E, do hereby promulgate the following Executive Order, effective immediately:
Section 1 A. Effective immediately, continued withholding of nutrition and hydration from Theresa Schiavo is hereby stayed.
B. Effective immediately, all medical facilities and personnel providing medical care for Theresa Schiavo, and all those acting in concert or participation with them, are hereby directed to immediately provide nutrition and hydration to Theresa Schiavo by means of a gastronomy tube, or by any other method determined appropriate in the reasonable judgment of a licensed physician.
C. While this order is effective, no person shall interfere with the stay entered pursuant to this order.
D. This order shall be binding on all persons having notice of its provisions.
E. This order shall be effective until such time as the Governor revokes it.
F. The Florida Department of Law Enforcement shall serve a copy of this Executive Order upon the medical facility currently providing care for Theresa Schiavo.IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed this 21st day of October, 2003.