Terry Schiavo Executive Order

Governor's Office (email) | Oct 21, 2003 | Gov. Jeb Bush

[beckett]

The Governor has just sent this email to those who contacted him about Terry:

Thank you for writing to Governor Bush and expressing interest in the well-being of Terri Schindler-Schiavo. Attached please find a statement by Governor Bush relating to actions taken today by the Florida Legislature and the Governor.

Again, thank you for writing to Governor Bush.

FOR IMMEDIATE RELEASE
CONTACT: ALIA FARAJ
TUESDAY, OCTOBER 21, 2003
(850) 488-5394

Statement By: GOVERNOR JEB BUSH

Regarding Theresa Schiavo

TALLAHASSEE- "Like the tens of thousands of Floridians who have raised their voices in support of Terri Schiavo's right to live, I have been deeply moved by these tragic circumstances. I understand the limitations cited by the judges who have declined to hear the later stages of this case. However, any life or death decision should be made only after careful consideration of all related facts and conditions. For that reason, I appreciate the extraordinary action of the Legislature today, and will use the discretion they have granted regarding the restoration of nutrition and water to Terri Schiavo.

"The conflict among family members over the best interests of this young woman has made us all acutely aware that uncertainty in these situations can, and does, compound the tragedy. I hope all Floridians, and any others who have followed this case, will ensure their best interests are clearly documented in a living will or other directive to spare their families a similar anguish.

"My thoughts and prayers remain with Terri and those who love her."

# # #

STATE OF FLORIDA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER NO. 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. _______________________________________

GOVERNOR

ATTEST: ________________________________

SECRETARY OF STATE

Celeste F. Lewis
Director
Office of Citizens' Services
Executive Office of the Governor
850/488-7146 (Phone)
850/487-0801 (Fax)

[FR_addict]

That's because we just found out about it. The parent's lawyer has her heart in the right place, but she has not been a strong or effective advocate for Terri.

[supercat]

Not just Greer, other judges sat back and refused to help. They're as guilty as he is. Vote them all out and send them a message.

Appeals courts are forbidden from considering matters of fact. When Judge Greer finds that there is no potential conflict between Michael's interest and Terri's and thus no need for a guardian ad litem, an appeals court is bound to accept him at his word unless he failed to consider all the evidence he should have; in that case, all the appeals court can do is order that he consider the evidence. If he still maintains there's no conflict of interest, the appeals court can do nothing.

[2timothy3.16]

TERRI is SAVED Late Term Babies are SAVED

It has been a good day, thank You Lord Jesus!

[aristeides]

Courts of appeals sometimes take cases away from trial judges and assign them to new judges.

[FR_addict]

"Personally, I'd like to see some judicial reform. Judges should at least not enjoy impunity at the polls - they should have to campaign and they should have to defend their decisions before the public."

I'm not sure if they need to be elected, but we must start holding them accountable for their decisions.

[Rome2000]

The 28 evil SOBs in the Florida House that voted against this are the ones who should be euthanized.

[isthisnickcool]

Good news.

Note that anywhere in the country if you were to starve a dog, cat, horse or any other animal like this they would come get you and throw you in jail.

[pickyourpoison]

I always vote against retaining them. Frankly just don't want my tax dollars paying for their retirement.

[supercat]

And, oddly enough, when there is a conflict of interest, it's up to them to acknowledge this and recuse themselves - nobody can come along and remove them from a case unless there's criminal activity involved.

What are the odds that an audit of Terri's books will show criminal activity in which Judge Greer was complicit?

[Republic If You Can Keep It]

I guess this means the laws of the land ...... mean nothing

Actually, just the opposite.

Didn't you read the post? There is a new Florida law, signed today.

A law passed by a legislature.....not dictated by judicial fiat. Wow, what a novel idea!

[Rome2000]

This law was passed over the objection of EVIL socialist Democrats in the Florida state House and Senate.

They love death and are in league with Satan.

They must be held accountable come election day.

[Excuse_My_Bellicosity]

Yep. I understand the need for checks and balances, but that doesn't mean that the judicial branch should have the ultimate authority to rule however they want with no accountability and an explanation to the public is an option that is often not exercised.

[supercat]

I always vote against retaining them. Frankly just don't want my tax dollars paying for their retirement.

In the case of trial court judges, that may be a good idea. The harm that comes from having a case stay in the hands of a bad judge for ten years is much greater than the good that comes from having a case stay in the hands of even the best judge.

[johnb838]

piss off newbie. you're either a troll or you don't know what you're talking about. you're concerned about the JUDICIAL SYSTEM not having enough power? HAHAHAHAHAHAHA!

[Tuxedo]

Separation of powers protects the EO from court-challenges.

[Tax-chick]

Can someone post addresses (email or US Mail) where we can send thanks? I know I could hunt them up myself, but take pity, I have alot of kids ...

Thanks,
Xy

[FR_addict]

"In the event that you missed it, it was the law makers, the legislature, that passed the legislation giving the Governor the authority to intervene."

Exactly, the legislatures make the laws and the judges are suppose to uphold them.

In this case the legislators decided that Terri's death is not what they had in mind when they first introduced death with dignity.

As one lawmaker said, this woman was not brain dead or in a vegetative state, this woman was not terminal ( at least not before the removed her feeding tube) and this woman did not have the chance for rehabilitation.

So the lawmakers decided to correct the law they passed in the first place. The judge only intreprets the laws.

[aristeides]

The Supreme Court invalidated an executive order of Truman's in the Steel Seizure Case.

[Tuxedo]

Except that was a clear violation of the US Constitution from my recollection.

[FR_addict]

"A law passed by a legislature.....not dictated by judicial fiat. Wow, what a novel idea!"

Excellent reply!