Saturday, September 25, 2004

Terri Schiavo Killed By Florida Supreme Court?

If you have not yet heard the horrible story of Terry Shiavo then you have been living under that rock for far too long. Mrs. Shiavo was in a car accident several years back which damaged her brain, leaving her in a very poor state. She has been on life support since the early 90s, and is being cared for by both her parents and her husband. Since then, her husband has found someone else and essentially given up hope of his first wife's recovery, while her parents are firm in their belief that she can be saved... or at least that she should be given a chance to live. Her husband declares that she is a vegetable - brain dead - and wants to have the feeding tube removed. Her parents declare that she responds to them and knows they are there, and want to have the feeding tube kept in place, so she will live. Last year, after the courts mandated that the doctors take the husband's order over the parents, the Florida legislature passed a very specific law giving Jeb Bush the right to order the feeding tube left in. Governor Bush gave the order, and Mrs. Shiavo lives. Well, the Florida Supreme Court has nullified this law under a "separations of power" argument and it appears the U.S. Supreme Court can not intervene (no federal issue).

It is time for people to learn that the "checks and balances" of the Constitution exist precisely because no branch of government is going to voluntarily reign in their own authority. The Florida Supremes ruling essentially says that no other branch of government can overrule a judge, leaving us with no balance. This is one of those rare cases where the only way to do right is to violate the ruling. Jeb Bush should refuse to change his order, the Florida attorney general should refuse to prosecute him over it, and the Florida legislature should refuse to impeach Mr. Bush. Civil disobedience is not only the domain of the individual citizen.

Of course, either way, this is sure to become an election issue for Florida - who will protect the innocent? And based on reactions last time around, it might just become the only issue that ultimately decides Florida voters.

No comments: