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To: nicmarlo
Have you seen the House Amicus Brief filed by Rep. Byrd (defending the constituionality of Terri's Law)? Posted here.

It's really quite elegant -- makes the case for constitutionality of the legislature's actions quite nicely. Two points I found interesting:

1) The power of the court to make life or death decisions in cases like this is NOT stautory. Rather, it was set out IN DICTA (lawyerspeak for "an aside in a court decision, which generally doesn't have the effect of law") in the Browning decision. (yes, that's the same Browning)

and

2) Subsequent to the Browning decision, FL statues were revised to provide for the GUARDIAN to make life/death decisions. But in Terri's case, the decision HAS NOT BEEN MADE by the guardian -- instead, it has been made by JUDGE GREER, pursuant to the dicta in Browning. And this violates the express provisions of the current FL statutes..

157 posted on 11/11/2003 4:43:08 PM PST by RusynMama
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To: RusynMama
No, I hadn't read/seen it yet, but I will now! Thanks for the link.
160 posted on 11/11/2003 5:04:51 PM PST by nicmarlo
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To: RusynMama
Just reading the contents of it is a very profound affirmation of some or my reasonings that I used in regards to Jeb as Governor of the State of Florida being Terri's ultimate guardian when the courts fail. I knew I wasn't wrong!
184 posted on 11/11/2003 7:37:24 PM PST by pc93 (Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
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To: RusynMama
Darn judge appointed a biased guardian ad litem though.
187 posted on 11/11/2003 7:44:30 PM PST by pc93 (Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
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