It's sad that this has turned into a pissing contest between the Florida judiciary and the state legislature.
TALLAHASSEE, Fla. - The Florida Supreme Court on Thursday struck down a law that was rushed through the Legislature last fall to keep a severely brain-damaged woman hooked up to a feeding tube against her husband's wishes. The unanimous court said the law that kept Terri Schiavo alive violated the separation of powers between the judicial branch and the legislative and executive branches. Lower courts had ruled that Michael Schiavo could have the tube removed, but the Legislature passed the law to overrule the courts. Gov. Jeb Bush then used the law to order the tube reinserted. The court's decision came just weeks after oral arguments. It was not immediately known if the ruling would clear the way for the tube's final removal. An attorney for Terri Schiavo's parents, who want her kept alive, would not speculate. Michael Schiavo's attorneys did not immediately return calls seeking comment. "It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case," Chief Justice Barbara Pariente wrote for the court. "That is precisely what occurred here."{my emphasis} That's just sad. Granted it was an emergency measure, and it shouldn't have held up under scrutiny, but it's really quite sad that Terri Schiavo, it now appears, has wound up on the wrong end of a pissing contest. If there was ever a case where a fresh judicial review was required simply as to the merits of the case, this is the one. Is that what happened? Nope. It was all about whether the legislative overstepped its bounds by giving the executive the power to do something to trump the judiciary. This woman's husband seeks to gain financially from her death. (On the timeline, check out the malpractice awards that he can't gain access to unless she's dead). It's apparent, to me at least, her "wish to die" wasn't invoked until after the malpractice cases were successful. This guy wants to remarry and has two children with his girlfriend. He wants to move on. Her parents are more than willing to take over her care, and if this guy was a reasonable individual you'd think he agree to that. He'd be free to do as he wished. But, no. He claims she wanted to die if something like this ever befell her and he's just honoring her wishes. I'm not buying it. And it's very, very sad. If nothing else, this is a good time to remind everyone to get your wishes put down in writing. It's a scary thing to think about. I know. Been there, done that with the husband. It's horrifying to be handed a raft of paperwork that demands you list out all the juicy legal information about who has power of attorney, if there's a living will, what are the stated wishes of the patient? And all sorts of other things, like hospice care if its deemed necessary, because you never thought you'd have to think about it until much, much later in life. And all of this is occurring while your spouse is under the knife for an operation the surgeon has taken delicate pains to inform you might not work out. It's even scarier if you don't have any paperwork to back up what you know to be the true wishes of your loved one. Fortunately, all worked out in the husband's case, but we all know not every case has a happy ending. What would you do in such a situation? No one wants to face their own mortality, but think of the favor you'll be doing your loved ones if you a. find out what's required in the state you reside in and b. do something about it. Posted by Kathy at September 1, 2004 12:15 PM | TrackBack