Yeah, that "right to life, liberty, and the pursuit of happiness" is just so vague and squishy, I'd say the lawyer must be onto something there.
THe FL constitution gives the governor broad executive powers to act to protect persons, property, etc, It does not enemerate who these persons may be or what actions may be taken. Therefore, it is left to the chief executive's discretion.
These actions are not subject to judicial review .
If it is believed that he has abused his autgority, the FL constitution provides for both legislative and electoral remedies. The courts have no jurisdiction.
The legislature did not create the power for Bush to act. It merely defined a person in need and the remedy needed. It did not order Bush to act for they do not have that auhority.
If there is something unconstitutional about this it is the fact that they made a definition that was solely the governors to make. That being the case, the only one who would have standing to challenge that would be Bush.
This order mandated that Terri be hydrated and nourished. It was incumbent on all hospital staff to take whatever action necessary to safely implement this order. THat means if medical procedures of some kind were required to accomplish this they must be performed regardless of guardian protestations. Failure to do so is a criminal violation of the law
In most states if a person dies during the commission of a criminal act, it is considered a homicide.