"Terri's Law" is Illegal

Once again, I find myself straying into the territory of foreign jurisdictions. The Florida Supreme Court issued a ruling yesterday invalidating Jeb Bush’s law which prevented the legal guardian of Theresa Schiavo from removing the feeding and hydration tubes from Ms. Schiavo, thereby causing her death. (Opponents call this “starving her to death,” which is also true; difficult decisions such as this can always be cast in a drastically different light using synonyms with different connotations.)

The court held that the law in question:

…as applied in this case, resulted in an executive order that effectively reversed a properly rendered final judgment and thereby constituted an unconstitutional encroachment on the power that has been reserved for the independent judiciary. P15-16

They also found that “the Act is unconstitutional on its face because it delegates legislative power to the Governor.” P18

This was a particularly compelling opinion for me, especially at the end when the court waxed philosophical about the role of law in society. It is particularly relevant in this current time of contempt for the judiciary, where every day someone is attacking judges for exercising their role as arbiters of the Constitution. Difficult, unpopular decisions must be made by someone, and it is inappropriate to respond with a knee-jerk “activist” label every time a judge makes a decision one disagrees with.

My compliments to the Florida Supreme Court, and good luck in the coming fallout.
Justitia fiat coelum ruat.

Bush v. Schiavo

News:

BBC NEWS Americas Coma woman intervention 'illegal'
Newsday.com - National News
NPR : Florida High Court Rules Against 'Terri's Law'
New York Times

A Statement by Ms. Schiavo's Non-custodial family