[UnChained]

"The bottom line is that Schiavo was an issue for the legislature, not the courts. But like so many other issues, the legislature is not doing its job, so the courts simply substitute their own judgment."

My bottom line is different.

The folks who wrote the respective constitutions couldn't envision a situation like we had with the Schiavo case. But an extension of the logic of the pardon would have been best. The executive branch pardon allows a governor or the President to prevent what they feel is a miscarriage of justice. Terry Schiavo rightly or wrongly was condemned to death by the legal system. Spur of the moment legislation to overthrow a legal ruling is a bad way to go.

I would have been comfortable if Gov Bush or President Bush had taken it upon themselves to personally evaluate Terry and have the last word, live or die. People would have squawked but so what?

That judge who threatened Jeb Bush with an injunction overstepped his authority and should have been removed from office, forcibly if need be, by the Florida National Guard.

[Brilliant]

What I'm suggesting is that the legislature should have legislated before this happened. It's not as though no one ever thought this might happen. In fact, it's been years since Schiavo died, and the Florida legislature still has not clarified the law. I suspect that other states are in the same boat. It's just a matter of time before we have another case like that one, and the legislature will be pretending that they were caught by surprise, and never imagined that a judge might come to such a distorted view of the law.