Tuesday, February 22, 2005

WorldNetDaily: Jeb Bush could save Terri's life ... if he wanted to

Commentator Doc Washburn pointed out a new angle, one I had obviously missed. All that Governor Jeb Bush need do is cite the preamble to the Florida Constitution, which states:
All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness ... No person shall be deprived of any right because of race, religion, national origin, or physical disability.
What about that, Governor? Why wouldn't that be sufficient in and of itself to allow you to intervene?

Doc Washburn assumes that Jeb Bush simply does not want to raise a stink with print editorialists in Florida--and apparently most of them sympathize with Attorney George Felos and agree that fates worse than death exist, and the law ought to recognize when someone "wants" to die. But I have another theory.

Suppose Jeb Bush were to decide that Judge Greer stands in violation of the Constitution of Florida. Who, then, has the ultimate enforcement power? Can a governor over-ride his own supreme court? What's he going to do--call out the Florida Army National Guard to remove Terri from that hospice and transport her to a military hospital, or if no such establishment exists, to a regular hospital under permanent military guard? I can just see what Counselor Felos would do next: he would go straight to the Supreme Court of Florida to get a cease-and-desist order. Now suppose that Jeb says, "They have made their decision; now let them enforce it!" Now what? An armed face-off between FANG forces and the bailiffs' corps, or the Pinellas County Sheriff? Or worse yet--would SCOTUS issue a writ of mandamus and give it to the 101st Airborne Division to serve? That's what happened at Central High School in Arkansas. I can see it now--anguished conversations between Jeb and his brother the President--and every Democrat of consequence in the House and Senate weighing in. That ought to be quite a show.

Ordinarily, I'd buy a ticket in a cold New Jersey minute--but here's where I have to punt. After all, I am not a lawyer. I know nothing of how this would play out even were it confined to the State of Florida--and once you brought the US Army into it, now we deal with Article VI of the US Constitution, which states that the Constitution, laws, and treaties of the United States are the supreme law of the land. What a mess!

Right now, before we even contemplate so drastic a step as Doc Washburn wants his State Governor to take, let's do what the lawyers call "exhausting all legal remedies." Judge Greer actually granted another hearing on the matter. Let's see how he rules.