The power to "save Terri Schiavo"

[elfs]

Hilzoy makes a brilliant post in which she points out that the Florida State Legislature, which "tried to save Terri" once, could in fact have "saved" Terri at any time. Their problem has been that they've been approaching this case from a personal point of view: that it's all about "saving Terri." If "saving Terri" were all that important to them, they could have amended FL 765.4, the section of Florida Law that outlines the procedure for determining who shall make decisions for a permanently incapacitated person.

The law is rather clear. They are, in order, (1) a court-appointed guardian, (2) the spouse, (3) the person's children, (4), the person's parents. Michael Schiavo, by going to the courts for clarification, is as far as I can tell both (1) and (2). The Guardian Ad Litem basically said that Schiavo is representing Terri's wishes adequately.

Hilzoy doesn't go into why the Florida Legislature refused to tinker with this law, but I think it needs to be spelled out: the current order is conservative tradition. After the court has turned down its option to appoint a guardian, those with the most on the line get the most authority. For centuries, spouses have been responsible for the fate of incapacitated partners, and children for the fate of incapacitated parents. Terri's parents have attempted to intervene in the adult Terri's life by legal dicta; this is an affront to conservative tradition that most people have overlooked in this whole sordid affair.

While the wingnuts go berserk about "judicial tyranny," we should applaud the judges for obeying the law, and we should applaud the legislature for not overturning thousands of years of conservative tradition.

Comments

There would have been a precedent.

[murbin.livejournal.com]

Look back to 2000, when the Feds, in the form of the INS, stomped all over state Judaical process when INS agents armed with German made sub-machine guns (ok, cheap shot, they are really nice weapons) raided the home of Elian Gonzalez's legal guardians in order to deport him back into the hands of the father that had left him and his mother.

Personally, I think the whole Schiavo case is a bloody mess, with contradicting testimony from family members and even medical personnel.
I am damn glad I'm not involved.

[(Anonymous)]

While the wingnuts go berserk about "judicial tyranny," we should applaud the judges for obeying the law, and we should applaud the legislature for not overturning thousands of years of conservative tradition.

Oh yeah, you bet. Let's applaud the courts for leaving the decision to an unfaithful husband who's been having an affair (not to mention two children) with another woman for the last 15 years, instead of Teri's caring parents that have the consideration and money to keep her alive.

[elfs.livejournal.com]

Yes, lets. That's what the law says. Judges are empowered to determine accordance with the law. What you are asking is for judges to break the law according to whim; down that road lies anarchy.