Replies

Pollywog said: "Ok I am hearing two school of thoughts here. One is that Governor Bush can take Terri into protective custody.
The second thought is he cannot do this. Anyone care to explain their thoughts on this. This may be our only hope for Terri. Also what about President Bush?? I will feel so let down by my government if these thugs get away with this murder."

Kenth gave a great reply regarding what Gov. Jeb Bush could do and Randall Terry on Sean Hannity said Jeb definitely has the authority to take Terri into protective custody and he does not understand why he has not done so:

As chief executive of the state of Florida, Jeb Bush has a duty to protect Terri, and enforce the protection of her rights.

(Article 1, section 2 Florida State Constitution)

SECTION 2. Basic rights.--All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.

Terri's rights are being trampled upon by a group of people using poorly written state law to enact judicially legislated euthanasia. It's pretty clear to me, though there are many who want to use the state's rights argument against her, even here on FR. I can't imagine thinking that a state's rights should supercede an individual's.

Excellent point Graymatter said: "All Jeb Bush needs is a reasonable suspicion that she has been victimized in any way. Judges and police and DCF workers all have some immunity from prosecution if they act on their own discretion with proper motives. Same goes for the governor doing what a governor can do.
As long as he is acting in good faith in the interests of Terri's welfare, he is legally on very safe ground."

What you said---he has a duty to protect her and enforce the protection of her rights. All Jeb Bush needs is a reasonable suspicion that she has been victimized in any way. He would have the same immunity from prosecution as judges and police and DCF workers who act on their own discretion with proper motives, in the course of their official duties.
As long as he is acting in good faith in the interests of Terri's welfare, he is legally on very safe ground.
And it matters not where or how he got that reasonable suspicion. As long as he sincerely acts out of concern for her welfare.

Especially now with Greer being a defendant, Governor Bush can quit worrying that he's stepping on those almighty separate powers of the judiciary. If the judiciary (in the person of Greer) may have done something to harm Terri, and may be doing ongoing harm to her, then Gov. Bush is morally AND duty bound to remove her from the reach of Greer and the effects of his actions.