Posted on 03/31/2005 3:22:27 PM PST by SmithL
TALLAHASSEE, Fla. - It seemed like Jeb Bush was in a no-win situation by taking up the cause of trying to keep Terri Schiavo alive.
He was going against polls that showed two out of three people thought government shouldn't get involved. Then when courts stopped him from stepping in, some of his conservative Christian base criticized him for not doing more.
But many people agree the Schiavo case was not a political issue for Bush and that the governor will not be hurt by it - especially since he doesn't have plans to run for office again any time soon.
"I can't see it having any impact on Jeb Bush and his political future," said Darryl Paulson, a University of South Florida political science professor. "He's not going to be running again in '06 and he says he's not running for the presidency and every one of his advisers is taking him at his word."
Florida limits governors to two terms and Bush's ends in January 2007. Even if Bush eventually decides to run for president, those close to him firmly say it will not be three years from now when his brother leaves office. By the time 2012 or 2016 roll around, the Schiavo case will be a distant memory.
"That's light years in political time," Paulson said. "This issue certainly would be laid to rest if he decides to run."
Those who opposed Bush's intervention may have had longer memories on the issue had he actually stopped the death through his lawsuits, or if he appeased the Christian right and defied a court order and taken custody of Schiavo.
Those on the Christian right may remember he was relentless - within the law - in pursuing a way to keep Schiavo alive. They are also likely to consider his overall record on issues they support and realize he is shared their views.
"He can get credit for trying, but not get blamed for going against her wishes if indeed that's what her wishes were," said Aubrey Jewett, a University of Central Florida political science professor.
Either way, Bush is adamant that his motivation was not political.
"This is not a political issue. This goes way beyond politics. I don't know if anybody wins politically having to participate in something like this, to be honest with you," Bush said.
Anyone who has paid attention to Bush's six years in office shouldn't be surprised by his efforts to keep Schiavo alive.
When Bush ran for re-election in 2002, he had already backed laws to restrict abortion, pushed through a voucher bill that allows some children to go to private religious schools at taxpayer expense and openly expressed his support for a state law that prevents gays from adopting children. He was re-elected with 56 percent of the vote.
"His involvement in the Schiavo case is not something out of the ordinary. He's put together a conservative social agenda from the beginning of his being governor," said Matthew Corrigan, a University of North Florida political science professor. "He's made a clear connection between his conservative religious values and his public policy."
I believe that Jeb and W too for that matter did all they could legally do.
If they had did anything illegal or even a bit shady, the same ones that are saying now that they did not do enough would be attacking them for either breaking or bending the law.
From reading The Empire Journal articles, the Schlinder's case was sunk by deceitful lawyers before it got started.
Jeb has been a disgrace this past few weeks. He is a traitor, like the President, to the pro-life movement.
No. It won't.
It's getting really bad. I think we are officially infested.
Dieing movements are always most obnoxious just before their death.
We actually have no way of knowing what RWR would have done in Jeb's place. We do know what RWR did NOT do while President -- he didn't order Federal Troops to shut down every abortion clinic in the country once he took office.
Say what you will about Judge Greer, but he was applying law to the facts of a case and rendering a decision, which is his job. He may have done it callously, wrongly, or even immorally (take your pick) -- but he was doing what judges do.
The 7-2 majority on Roe v. Wade, on the other hand, stepped outside their normal functions and created new law from penumbras and eminations. The case to invoke "Executive Power" to override Roe is certainly no worse than overriding Judge Greer's decisions -- yet RWR did NOT do so. Why not? Is it because he didn't care about abortion, or because he was a coward? IMHO, no. I believe he decided that such action was outside his Constitutional power as President.
Had Jeb ordered State Law Enforcement Officers to forcibly allow Terri Schiavo to be fed, and that happened, what then? Does Jeb then send in troops on all similar disputes? Does he then shut down every abortion clinic in the state? Does he arrest OJ Simpson and throw him in jail because the guy was clearly guilty? Where does "executive authority" stop?
If Florida had a law on the books banning removal of feeding tubes and water from patients unless there was a living will, then Judge Greer and all of the court issues would have been avoided.
PIFFLE
Indeed.
You and many Freepers like you, forget that Jeb could do nothing legally to save her life. There's only one way to remove a judge like Greer and that's by impeachment. The legislature can do that, not the Governor. Keep in mind all the good he has done and stop the useless criticisms!
That is a disgraceful and completely erroneous statement!
No, you're not infested.
What you're discovering is that pro-life Christian Republicans are, and always were, pro-life FIRST and Republicans BECAUSE they were pro-life. This past week, the Republican Party did not save the life of a woman it could have saved. Yes, feathers would have been ruffled by doing it. The Dems, certainly. Maybe yours.
By NOT doing it, you more than ruffled ours. You turned over the nest.
The Republicans can still save their coalition if they will make double time to pass the Nuclear Option and start getting pro-life judges up there to change the madness. But Jeb Bush and his brother are finished in the eyes of many pro-life Christians. Those men had the power to intervene. Saying they did not does not change the fact that we believe they did. And they chose not to. So Terri died. Pontius Pilate built some great roads and aqueducts, but nobody remembers him for that. Likewise, the pro-lifers are not going to remember the Bushes for their pro-life words, but for their washing of hands thereby condemning Terri to death.
The question is: will the Republicans act now to save the coalition. The only tool in their toolbox now is the Nuclear Option. That's all they have left to offer.
The distrust of them on my side of the aisle is palpable.
If you think everyone saying the things I am saying are Democrats or trolls, you're dead wrong. You're misreading what is happening as badly as the party leadership misread everything this last week.
What you're hearing is pro-life Christians telling you that they feel betrayed by the Republican Party and are moving towards the exits.
Some of them, like me, are telling you the price of keeping us in the tent and getting our vote next time, to patch the coalition together and hold onto power: pass the Nuclear Option. Now.
Statute 765 revisions of 1999. Someone commented that Statute 765 seemed to have been intentionally revised in 1999 for Terri's case. Terri is being held at Woodside Hospice, part of the Hospice of the Florida Suncoast.
Michael Schiavo's attorney, George Felos was once on the Board of directors of the Hospice of the Florida Suncoast and was also once chairman of the hospice.
Although George Felos lied and misled the public that he had left the hospice at the time he took Michael's case, it turns out, from examining public records that he did not leave until 2001. In 1998, Felos filed a motion in Judge Greer's court to remove Terri's feeding tube.
In 1999, statue 765 was revised to redefine what a terminally ill patient was, and changed the law to withdraw nutrition hydration from a patient in a persistent vegetative state who had no advanced directives.
In 2000, Michael Schiavo moved Terri to the Hospice of the Florida Suncoast. In 2000, Judge Greer ordered Terri's feeding tube to be removed. In 2000, Judge John Lenderman, Judge greer's fellow judge on the 6th circuit court, joined the Advisory board of the Hospice of the Florida Suncoast for that year alone.
Martha Lenderman, sister of Judge John Lenderman, was also on the board of the Hospice of the Florida Suncoast, and later became chair of the hospice until public outcry forced her to resign. The entire time Felos was still on the board of the hospice. When Michael Schiavo first asked Judge Shames to allow him to remove terri's feeding tube in 1997, and then again in Judge Greer's court in 1998, the law at the time was not enough to let Greer order the removal of Terri's feeding tube under Terri's circumstances, so the law had to be changed in favor of Michael Schiavo.
In 1998, the florida legislature created the Florida Panel on End-of-Life Care for the purpose of revising the 765 statute for end-of-life issues. They were charged with coming up with the findings for changes in the law for the Florida legislature. Their findings were made law. Bill CB/CB/SB 2228, which revised the 765 as of October 1, 1999, also gave the authority to the End-to-Life panel to make findings for the legislature and that these findings were to made into law.
The legislature essentially gave them the authority to dictate to the legislature what changes to put in their bills. So the role of End-of-Life panel was not simply to make recommendations, but had the authority to determine what changes would be made into law. Robert Brooks , the head of the Florida Department of Health at the time, was appointed as the chair of the Florida Panel on End-of-Life Care.
In addition, Mary Labyak , CEO of the Hospice of the Florida Suncoast, was also appointed directly to the end-of-life panel, while Felos was still on the board of the Hospice. William Bell, a VP for the Florida Suncoast, was appointed as an alternate panel member of the End-of-Life Panel. In addition, a second group of people, which also included Mary Labyak, and others with connections to the Hospice of the Florida Suncoast became involved with the End-of -Life Panel as formal advisors, and began to work with Robert Brooks.
This means that Felos' associates dictated legislative changes, through the End-of-life panel, that benefitted Felos' client in a case that was pending in a court of law. From 1998 to 1999, this group worked together hand-in-hand with the chair of the state panel, Robert Brooks, and after 1999, they were continued to work with Robert Brooks, even as the records of Terri's physician were being withheld and destroyed by the Department of Health.
Their group was called Project Grace (not to be confused with the anti-abortion group in florida) and Brooks actually joined their board while they were attending the end-of-life panel meetings and advising Brook and other panelists on the end-of-life legislation. When Florida passed the revisions to Statue 765 in 1999 that effected Terri's case, there were at least several individuals with the Hospice of the Florida Suncoast that helped with the revisions of 765 through the state panel mandated by the florida legislature.
These revision were also applied retroactively to Terri's case. At some point, two individuals with working relationships with the 6th circuit court also became involved with Project Grace, although it has been determined discover how far back ttheir involvement with Project Grace was. Felos has mispresented that he left the hospice at an earlier date, to keep possible attention away from his role at Hospice of the Florida Suncoast at the same time the Hospice was influencing legislation specific to Terri's case.
Corporate records filed in 2000 still show Felos as a board member of the Hospice, he was not removed from Hospice board until 2001. Basically, the End-of-Life Panel and its relationship to the Hospice put Felos in the postion to influence both legislation and the 6th circuit to effect the outcome of this case while it was pending in Judge Greer's court. Add The Hospice of the Florida Suncoast's involvement in revising the legislation with state rep Gus Bilirakis, also on the board of the Hospice of the Florida Suncoast, role in getting it passed, shows it was being done to assist Michael Schiavo in the pending decision and retroactively apply it to Terri's case.
Brooks details his recruitment and the role Project Grace played in the formulation of the legislation, in the Journal of Cardiology, supplement to Vol 23, February 2000, which includes a series of articles written by other Project Grace members describing the revision of Statue 765 and detailing the work of Project Grace with the Florida Panel End-Of-Life Panel. Lofty Basta (his real name) then details how Project Grace influenced the End-of-Life Panel including providing a flowchart. Changes in the law mentioned in the series of articles that are pertinent to Terri's case were the "new pathway" for patients in a persistant vegetative state to have life-pronging procedures withdrawn without advanced directives (Brooks, prologue).
This new pathway was put into law. Also Project Grace member Geldart catalogues the changes to statute 765 in table 1 of his article, which he redefines medical terms for the state legislature. For example, Geldart defines "end stage disease" as a condition that is expected to cause death in the near future with or without medical treatment, and then includes a "nervous disorder"that causes "near complete total paralysis" with near total dependency as part of that definition.
Then Table 1 describes how the 765 law was revised in 1999 to include "end-stage condition" as a reason to withdraw life prolonging procedures along with persistant vegetative state and terminal illness. This was also put into law. Geldart also redefines terminal illness as not just conditions that cause death, but "irreversible" conditions or conditions "with no reasonable chance of recovery". Felos used this definition for the argument that Terri is terminal because she has a "irreversible" neurological condition with no "reasonable hope for recovery".
Geldart also details the the change in law that permitted nutrition and hydration to be considered medical treatment and the changes to life-prolonging procedures in the absence of advanced directives. Project Grace member William Leonard then points out a common scenario in Florida in his article: an elderly couple moves from out of state to Florida and then one spouse dies within a year 's time. Leonard then expands the definition of family to a neighbor, friend or caregiver who is now in the position of articulating the wishes of the elderly person to withdraw medical treatment, rather than "some distant relative".
And indeed the 765 law was changed to allow an "friend" to say that the person wanted life-pronging procedures withdrawn without a written directive. This also effected the outcome of Terri's case. Authors of Project Grace advocate for terminal sedation (Basta), withdraw of nutrition and hydration (Basta), and the refusal of physician to provide "futile" treatment as unethical even with advanced directive asking for treatments (Doty).
They also state that advanced directives providing for treatment should not carry the same weight as directives withdrawing care, and advanced directives should not compel the physican to provide them, regardless if the patient needs them (Doty). Doty is part of the Florida Bioethics Network as well as Project Grace. One of the changes in the law in CB/CB/SB 2228 includes the Bioethics Network as part of the process of withdrawing care.
In addition to this, there were two reports given to the Florida legislature by Brooks. In the interim report to the florida legislature, Brooks footnoted some of the changes. . The final report that Brooks made to the legislature is missing from the applicable websites. This is a good indication that they are hiding something, namely how influential Felos' buddies were on the changes made.
Individuals with Hospice of the Florida Suncoast that were also members of Project Grace that were also part of the were Mary Labyak ( on the Board of directors of Project Grace and appointed directly to the Florida Panel on the End-of-Life Care), Charlie Robinson (as detailed on his website, he is a member of Project Grace's steering committee and member of the Hospice of the Florida Suncoast ), and Susan Bruno, who was a co-author in the series of articles in the Journal of Cardiology.
Other project grace members and co-authors in the series of Journal of Cardiology articles Robert Walker, Ronald Schonwetter, Janice Lowell, Lori Roscoe, and David Mcgrew are also members of a University of South Florida (USF) center on palliative care founded and funded by the Hospice Institute of the Florida Suncoast, called the Center for Hospice, Palliative Care, and End of Life Studies. In addition, Schonwetter is being funded by Project on Dying.
Susan Bruno is also part of the center. Felos had to interact with the members of the USF center up until 2001, directly or indirectly through other board members, because he was on the board of the hospice then. There was a USF research project by Lori Roscoe and the hospice of the florida suncoast , funded by a USF collborative grant. It is called "provider perceptions of and ability to influence the quality of life domains for nursing home residents at the end of life"/ More evidence that the legislative changes to 765, and the role that the participants played on the End-of-Life Panel, were intended for Terri's case has to do with the public comments of members of Project Grace, including some with the Hospice of the Florida Suncoast - USF pallative center. Lofty Basta (yes, his real name), has continually campaigned against keeping Terri alive, and complimenting Judge Greer on his decisions, writing articles in the media and campaigning extensively in churches and other forums.
He has even stated that people like Terri have to die because there is no money to pay for the elderly's medication benefits, trying to get Pinellas' elderly population to turn against Terri. In one article, he seems to have some personal knowledge of Terri's medical records. In another, he states that Judge Greer made a wise decision to remove Terri's feeding tube. Basta cannot be unaware of his board members' involvement with George Felos. And Schonwetter, with the hospice-USF pallative center, made comments to the media to reassure the public when Terri's tube was removed the second time, that Terri would not feel pain.
Brooks requested funds from the legislature for educating the public on the End-Of-Care changes, as well as the clergy and health profession. Project Grace and Hospice of the Florida Suncoast received state funds through the Department of Health AND for educating the clergy and health profession. This makes me think that Lofty Basta is receiving Department of Health funds through the End of Life Panel as one of their educators to the public, which he used to undermine Terri's life and promote Michael Schiavo's position. I am basing this on the involvement of Project Grace on other education projects with the End-of-life Panel.
If so, Basta used state funds to stir up public support for Michael Schiavo and Judge Greer. Project Grace members Michael Bernstein and Charlie Robinson have a working relationship with the 6th circuit court. Robinson was also with the Hospice of the Florida Suncoast. Charlie Robinson is on the 6th circuit's Committee on Professionalism, which includes participation of 6th circuit judges. The 6th circuit does not openly advertise who was on this committee and when they served.
But I did notice an advertisement on a 6th circuit publication on the subject of professionalism training, with Judge Greer providing the training. This makes me very suspicious that Greer was on the Committee on Professionalism at some point, maybe with Charlie Robinson during the Florida panel on the End-of-life care meetings. Most importantly, Bernstein has provided mental health facilities for the elderly for the probate court for several years now, under Baker Act committments, which means he works with Judge Greer's probate court on mental health placements.
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The Florida legislature passed the law.
The hell you say.
I was one, who while Terri was alive, pushed, prodded, cajoled, and urged Governor Bush to do more - even going in with subpoenas blazing. But he did more than I probably would have - it is time to move on - not forgetting Terri but using her memory to prod us to join with the moral Democrats and change this country by ousting judges who put ideology above justice.
A hair off topic, but the lowest ebb for me of Toon was the authorized sale of tool and die equipment for the manufacture of nuclear arms to PRC, and the obstuction of justice in the investigation of nuclear miniaturization secrets, also to the PRC.
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