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To: yhwhsman
Finally! Thank you, Governor Bush.

But, here's a question...does the judge HAVE to listen to Jeb? I have to assume that, if he wanted to, the judge could simply ignore the Governor's request. I can't see a case where Jeb can simply order the judge to hold up--that's a breach of separation of powers, isn't it?

Expect the pro-euthanasia crowd to go nuts at this "unwarranted interference by the executive branch in the workings of the judiciary," by the way. Remember, kids, separation of powers is a one-way wall...judges can use it on the executive and the legislative branches, but it doesn't work the other direction nowadays!

}:-)4
10 posted on 08/26/2003 3:25:41 PM PDT by Moose4 (It's rusting, it's paid for and it's bigger than your car. Don't get in my truck's way.)
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To: Moose4
But, here's a question...does the judge HAVE to listen to Jeb?

Here's your answer:

Bush Asks Judge to Delay Schiavo Case, Appoint Guardian

Published: Aug 26, 2003

  TAMPA, Fla. (AP) - A judge said Tuesday he is bound by court rulings and likely won't delay the removal of a brain-damaged woman's feeding tube, despite a plea from Gov. Jeb Bush.

In a letter Tuesday, Bush asked Pinellas-Pasco Circuit Judge George W. Greer to put off setting a date for removal of the feeding tube keeping Terri Schiavo alive and appoint a guardian to investigate the case, sparked by a battle between her parents and husband over whether she should be allowed to die.

Bush, whose office received 27,000 e-mails asking him to intervene, asked Greer to preserve Schiavo's life until a court-appointed guardian can "independently investigate the circumstances of this case and provide the court with an unbiased view that considers the best interests of Mrs. Schiavo."

But Greer said Tuesday he must abide by court rulings instructing him to set a date for removal of the tube and is "not inclined" to appoint a guardian.

"Frankly, I think I'm operating under a mandate from the 2nd District Court of Appeal, and frankly I don't think I can stray from that mandate," Greer told The Associated Press.

Bush also urged Greer to determine whether "clear and convincing evidence" exists regarding Terri Schiavo's wishes to not have her life artificially prolonged.

Her husband and legal guardian, Michael Schiavo, contends that she had said she would not want to be kept alive in her current state, and he has for years sought to remove the feeding tube and allow her to die.

But her parents, Bob and Mary Schindler, say their daughter responds to them when they visit and can be rehabilitated with therapy, despite court-appointed doctors' opinions that she will never recover.

"This case represents a disturbing result of a severe family disagreement in extremely trying circumstances," Bush wrote to the judge. "Emotions are high, accusations abound, and at the heart of this public and private maelstrom is a young woman incapable of speaking for herself."

Terri Schiavo, who has been in what doctors call a persistent vegetative state since collapsing in 1990, has been hospitalized in Clearwater since Sunday night with an infection and other problems.

Michael Schiavo's attorney, George Felos, asked the judge Monday to stop her medical treatment in light of a Florida Supreme Court decision last week that cleared the way for her feeding tube to be removed.

Following the Florida Supreme Court's refusal to intervene in the case, Greer still must schedule a hearing to set a date for removal of the feeding tube. That could happen Sept. 11, when a hearing is already scheduled to address the issue of her parents hospitals.

The Schindlers' attorney, Pat Anderson, filed a motion Monday asking for testing to determine if Schiavo can be kept alive by spoon-feeding after her feeding tube is removed. Anderson also asked the judge to order speech therapy because Schiavo's parents believe she is trying to communicate.

Anderson has accused Michael Schiavo of trying to withhold medical treatment from his wife so she can die before any more legal steps are taken to preserve her life.

Bush noted this possibility in his letter to Greer, saying that, "if true, this indicates a a decision by her caregivers to initiate an 'exit protocol' that may include withholding treatment from Mrs. Schiavo until her death, which would render this court's ultimate decision moot."

While the Schindlers have fought Michael Schiavo's efforts, Florida courts have supported his legal arguments. The 2nd District Court of Appeal in June agreed with Greer that Michael Schiavo can legally have his wife's feeding tube removed.

The Florida Supreme Court has now twice declined to hear the Schindlers' appeals.

Terri Schiavo was 26 in 1990 when she suddenly collapsed in her home after her heart stopped from what doctors believe was a potassium imbalance.

Doctors said the loss of oxygen to her brain left her in a state where she can breathe on her own but is reliant on a liquid nutritional supplement and water delivered through a tube.

Doctors have said she would live just 10 to 14 days without it.

---

On the Net: http://www.terrisfight.org

AP-ES-08-26-03 1317EDT

12 posted on 08/26/2003 3:31:13 PM PDT by Catspaw
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To: Moose4
Judge won't budge. Maybe the Judge would have to listen to STATE AG CRIST whom lots of us put into office.
32 posted on 08/26/2003 4:42:19 PM PDT by floriduh voter (http://www.conservative-spirit.org/)
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