Everyone Should Read This Florida Supreme Court Opinion: Schiavo Case

[Floogeldy]

Requires Acrobat Reader:

http://news.findlaw.com/hdocs/docs/schiavo/flsct92304opn.pdf

Edit: It may take a while to load.

[El Fuego]

1. Thanks! I want to read it.

[Floogeldy]

8. You're welcome

B-)

[femme.democratique]

2. This says it all - from Florida District of Appeals Court:

"The evidence is overwhelming that Theresa is in a permanent or
persistent vegetative state. It is important to understand that a
persistent vegetative state is not simply a coma. She is not asleep.
She has cycles of apparent wakefulness and apparent sleep without
any cognition or awareness. As she breathes, she often makes
moaning sounds. Theresa has severe contractures of her hands,
elbows, knees, and feet."

"Over the span of this last decade, Theresa’s brain has
deteriorated because of the lack of oxygen it suffered at the time of
the heart attack. By mid 1996, the CAT scans of her brain showed a
severely abnormal structure. At this point, much of her cerebral
cortex is simply gone and has been replaced by cerebral spinal fluid.
Medicine cannot cure this condition. Unless an act of God, a true
miracle, were to recreate her brain, Theresa will always remain in an
unconscious, reflexive state, totally dependent upon others to feed her
and care for her most private needs. She could remain in this
state for many years."

Schiavo I, 780 So. 2d at 177.

[NYC]

3. Usurpation of power.

Thank you. I read the entire file.

Since Jeb Bush has "overstepped" his bounds, I wonder if he can be prosecuted or fined? Interesting thought.

[punpirate]

4. Probably not possible...

... given that he was acting with legislative authority (which is lawful, until such a time that the law was struck down by the courts).

But, this ought to serve as a model for what federal courts should do with the soon-to-be law which Congress is deciding now.

[NYC]

6. But his legislative authority was unconstitutional.

[punpirate]

7. Not until the court said it was....

That's the way the law works. Had Bush continued to use this authority after the court ruled on it, yeah, that would have actionable.

Cheers.

[Name removed]

5. Deleted message

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[Floogeldy]

9. The only possible remedy would be impeachment

But that would probably not apply, unless there were direct evidence that Jeb signed the bill after being advised, and knowing, that his actions were illegal.