*LIVE* Judge to RULE on Gov. Bush's Request for Custody of Schiavo! (MOTION DENIED 2:07 ET)

http://www.foxnews.com ^ | FOX

[davidosborne]

Breaking News

[trisham]

Thanks!

[JennMack]

jeb can do what he wants. He will be held accountable next election, and if they want to act before then, they can impeach him. I would love to see them try! He just needs to give politics the finger

[Terriergal]

My point is would you have wanted Clinton to violate the Constitution if he felt strongly about something?

Of course not. I would have expected people who know what is right to stand up against him. But of course, they couldn't muster enough votes in Congress to indict Clinton and get him out of the political picture.

[beyond the sea]

Yeah...that slimeball of a husband loved Terri so much he had both her cats killed.

*****

Yes, I heard that this morning on Beck. I hate Michael Schiavo for that and so much more!

[DaughterOfAnIwoJimaVet]

Nope, you're not getting that Chad is just being Chad ... "full of sound and fury; signifying nothing"

I will go out on a limb and say that I think I know Chad better than anyone on this forum - and though it is obviously escaping some, he is making a point using hyperbole and sarcasm. CAluvdubya is right.

[TomGuy]

This morning on Fox and Friends, they were saying that the video we see of Terri and her eyes following the balloon is actually 'a heavily edited segment from a 4-hour video' that is several years old. They indicated that most of the 4 hours of video (which is what the judges have seen) do not show Terri as being active and responsive much of the time.

If that is true, we may not be seeing the actual condition of Terri, but only this very brief, very edited release. It is somewhat strange that that video seems to be the only one of Terri, too.

[Chad Fairbanks]

Are you a troll or just dense

I'm just following the crowd. Since all rationality and thought has been ignored related to this issue, I'm just trying to be like everyone else...

[pkp1184]

So if Reno poked her nose in the Elian case, why can't Gonzales step in so Jebbie can save face?

[Asphalt]

If he can drive he can understand murder

[JonDavid]

Michael Schiavo should be investigated for attempted murder, based upon medical and police records during Terri's "collapse," plus nurses' testimony, plus the evidence one nurse presented (empty vial of insulin in trash basket).

They should act summarily, to secure Terri as potential victim, as bodily evidence, and as potential witness.

That is what the Executive Branch of the State of Florida can and must now do.


It will not happen. The Eugenics Movement, Modern day Nazism will reward him for advancing their cause.

[MineralMan]

Owned.

[Soul Seeker]

God's purpose is truly above what we are capable of understanding. God never perpetrates evil, but he can and does use the results of evil for His purpose. Christ was crucified in an act of pure evil, yet He used it for the purpose of redeeming the otherwise unredeemable (those who by God's grace believe on Christ as Lord)

Well said.

Rush addressing those that wish Jeb to act.

[Edmund Burke]

No, they don't have the will to do it. They are both politicians, not statesmen.

[pollywog]

Just heard on Fox they are still waiting for the ruling. Earlier I believe CNN stated that the judge had already ruled. ( makes ya wonder if CNN is connected to Greer too!)........that report I believe was false.

[Chad Fairbanks]

ROTFL

[Glenmerle]

I'm sorry you and your wife had to go through that. I'll bet you've never looked at the courts the same way since.

[fatnotlazy]

I don't see a likelihood for success in Governor Bush's petition. I guess he could continue to appeal at the state level, but...depending on who you listen to, death for Mrs. Schiavo is either imminent (i.e., within a day or two) or she could go on for a couple of weeks. Either way, doesn't look like there will be enough time.

[Military family member]

Perhaps the party on which he ran.

[ex 98C MI Dude]

What really scares me is that in 6 months, when baseball (debasedball?) is deep in the throes of a pennant race, most of America will say "Terri who?"

Heck, someday, somewhere, some will say "9/11? Isn't that the day a couple of buildings fell down? How'd that happen?"

[Schwarzeneger]

DISCUSSION I. Authority To Issue Executive Order The governor of the State of Florida possesses authority under the Florida Constitution, Article IV, Section 1(a), to see that the laws are faithfully executed. Section 943.04 authorizes the governor, upon written order, to direct the Department of Criminal Justice Investigations and Forensic Science ("Department") to "investigate violations of any of the criminal laws of the state." In Thompson v. State, 342 So.2d 52 (Fla. 1976), the Florida Supreme Court upheld the authority given to the governor under Section 943.04, saying "[t]he power to see that laws are faithfully executed, which is essentially what Chapter 943 is designed to achieve, derives from Article IV, Section 1(a) of the Florida Constitution." Thompson at 55. The brief filed by the Governor in the Middle District of Florida sets forth significant reasons to believe that Section 782.02 is being violated because "Terri’s right to life is violated by the state when the state, acting as her guardian, assumes that her wish to live without artificial sustenance is the same as a wish not to be fed at all. The state has an ‘unqualified’ interest in life." Brief at 5. Moreover, Terri is being denied oral sustenance, which creates "an unnecessary conflict with Florida Statutory law by implying that physicians may cooperate with a person’s alleged express wish not to feed herself . . . ." Id. at p. 6. A denial of Terri’s right to life under these circumstances, it appears, results in a violation of Section 782.08. The laws of the State of Florida, then, as set forth in the Governor’s brief, are not being faithfully executed. The authority of the governor to issue an executive order in this case is consonant with his duty to see that the laws are faithfully executed. II. An Executive Order Does Not Impugn the Authority of the Court The trial court order merely authorized Terri’s husband to direct that oral sustenance be denied her. An executive order that orders an investigation in this matter, with the concomitant appropriate actions that would be taken if a violation of Section 782.08 is found, does nothing to impugn the authority of the court. The executive order would ultimately operate only upon the husband’s decision which he is merely permitted to make. It is interference with private discretion, not with judicial authority. If the consequences of the husband’s exercise of discretion are determined to result in the unlawful taking of life, it is entirely appropriate that such actions be interdicted by law enforcement at the direction of the governor.