finally =- someone spelled it out in clear and simple terms!
Thank you!
my worry would be - the Florida legislature voted down Jeb's bill to save Terri - If he then went against their vote and the court - would they not be liable, in defense of their own decision, to - if not actually impeach, go thru' the motions? If they started the proceedings, the leftist-soaked media would circle and howl like banshees...and there would be a three ring circus for months, rendering Jeb damaged beyond effectiveness.
And it would not be restricted to Florida - the movement would spread to Washington.
I do not think Jeb can break the law without creating a gaping hole in the fabric of our Constitution that the leftist democrats would jump thru and use at every turn...
FS415.1051
2) EMERGENCY PROTECTIVE SERVICES INTERVENTION.--If the department has reasonable cause to believe that a vulnerable adult is suffering from abuse or neglect that presents a risk of death or serious physical injury to the vulnerable adult and that the vulnerable adult lacks the capacity to consent to emergency protective services, the department may take action under this subsection. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided. (a) Emergency entry of premises.--If, upon arrival at the scene of the incident, consent is not obtained for access to the alleged victim for purposes of conducting a protective investigation under this subsection and the department has reason to believe that the situation presents a risk of death or serious physical injury, a representative of the department and a law enforcement officer may forcibly enter the premises. If, after obtaining access to the alleged victim, it is determined through a personal assessment of the situation that no emergency exists and there is no basis for emergency protective services intervention under this subsection, the department shall terminate the emergency entry. (b) Emergency removal from premises.--If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation. The department shall, within 24 hours after providing or arranging for emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal holidays, petition the court for an order authorizing emergency protective services. (c) Emergency medical treatment.--If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult. If a person with legal authority to give consent for the provision of medical treatment to a vulnerable adult has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient pending court determination of the department's petition authorizing emergency protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.
Yes, the Rats and their MSM would go into a frenzy unlike anything I've seem since the Watergate press frenzy.
But why would the governor be "breaking the law." What law? What makes judges' interpretation "the law" vis-a-vis an executive's constitutional responsibilities and our checks and balances?
I do not know Florida's constitution or laws but I heard a Florida official tell a reporter and the governor that the governor had the authority to act.
Judges' decisions are overturned all the time within the judiciary and, as pointed out above in #101, by presidents and governors.
Let's get the "constitutional crisis" over with.
IMO, any "gaping hole in the fabric of our Constitution" is there because the executive and the legislative branches defer to inferior courts and fail to fulfill their responsibilities. The Congress "ordains and establishes" the federal inferior courts.
If the issue makes it above the inferior courts let the executive and the legislative branches remind the Supreme Court of checks and balances as the court does its work.