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October 29, 2003

What's the point?

If, ultimately, they will lose the case, why are the Republicans doing this? Pandering to their base and to hell with doing the right thing.

FindLaw's Writ: How The Florida Legislature and Governor Have Usurped the Judicial Role in the Schiavo "Right to Die" Case

" Perhaps most obviously, the prolongation of Terri Schiavo's life, when clear and convincing evidence has been found that she would want the feeding tube disconnected, violates her right to refuse medical treatment. That right is reasonably well established as a matter of federal constitutional law under Cruzan and very well established as a matter of Florida constitutional law under Browning.

Needless to say, the Florida legislature has no power to violate the federal Constitution. State and federal courts strike down unconstitutional state legislation all the time--and some court is likely to do so here.

Nor can the Florida Legislature amend the Florida Constitution by ordinary legislation--as opposed to formal amendment. Granted, Article XI of the Florida Constitution permits the legislature to propose amendments for voter approval. But in delegating power to order the reinsertion of Terri Schiavo's feeding tube after one day of debate, the legislature did not follow the Article XI procedure.

Hence, the Florida courts (or, possibly the federal courts) will almost certainly invalidate the Governor's action as a violation of Schiavo's right to refuse medical treatment..."

Posted by fightingdem at October 29, 2003 11:02 AM
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