Does anyone have to, morally, obey a court order that is itself a violation of the law in that it calls for the taking of a life, Ali?
We had quite a debate in here awhile back concerning civil disobedience and whether people are justified in ever going against a law. As I remember, all those who participated considered civil disobedience concerning the civil rights issue, the mayor of San Francisco marrying gay couples in violation of the State law, and anti-war protestors ignoring the conditions of their demonstration permits completely acceptable behavior.
I came down on the side of always obeying the law whether you agreed with it or not, that you should go the route of changing the system from within, orderly and legally, EXCEPT in the case of saving a life. This is exactly the type of situation I was talking about. Because of judicial tyranny by the Federal Courts refusal to obey the Congressional legislation, signed into LAW, granting the Schindler's a de novo hearing, and judicial misconduct by Judge Greer, who along with Geroge Felos and Michael Schiavo, with funding from the ACLU and the Hemlock Society, have brought this situation to a Constitutional crises, we have a woman about to die. Can we not even muster the same amount of moral outrage at this as we did over the civil rights abuses of the past?
Sure, he would technically be in contempt of court and could ruin his political aspirations, but what is that when weighed against the violation of the higher moral law, or natural law, not to kill?
The laws are meant to protect society. We don't put the law on a pedestal to the point of elevating it above the very lives that it was intended to protect. Laws have been wrong in the past, and this latest order by Judge Greer is in error, as was he initial order to put her to death, as was the conduct of the Federal courts.
Yes, Governor Bush can act. As the Chief Law Enforcement Officer, and Chief Executive of Florida he has a duty to act in light of Greer's conduct, in light of all the mounting evidence of his bias and misconduct involving this case, and in light of all the mounting circumstancial evidence of spousal abuse and perjury.
The Executive, legislative and judicial branches are co-EQUAL. We don't have a system where the Executive and Legislative branches have to bow down to the Judicial branch under any and all circumstances, but where the judicial branch can ignore at will or whim the other two branches. It is in believing that that is the way it is supposed to be that we have what we have today, runaway judicial tyranny.
If a State or Federal court came out and ruled tomorrow (after years of litigation) that all disabled people who are dependent on feeding tubes are to be taken off of them immediately, for the good of society due to the expense of caring for them, for the sake of the hospitals and insurance companies, and for there own good too, because, really, who would want to live like that, what quality of life can they really experience, would we be bound to obey such a law because it was decreed by a court? Of course not. Well, that's what all the courts have just done to Terri Schiavo, and God knows how many other countless folks under the radar of the media.
And if Governor Bush refuses to fulfill his duties, then there is also plenty of federal misconduct concerning Terri Schiavo's hospice care (medicaid fraud) and similar charges against George Felos involving medicare and medicaid fraud with his involvement with Terri Schiavo and other "patients" at the Sun Coast hospice worthy of the Justice Department's current investigation (those were the subpoenas that Greer ignored) of the situation, and cause for President Bush to take Terri into custody as a Federal witness (or evidence if you prefer) in that investigation. Because as soon as Terri dies, the evidence will be gone as she will be cremated immediately upon her death, with no autopsy, at the instruction of her husband for which he conveniently requested and received of Greer a Court Order to ensure that it happens. They don't want to take the chance that it would be discovered that their contentions were incorrect all along in the diagnoses of PVS, which was their only legal grounds for doing to her what they are currently doing and for having her fraudulently in a hospice in the first place, being paid for by medicaid.
Both Governor Bush and President Bush have plenty of reason and authority to act. I also believe that they both want her to live, but enough to stand against the judiciary?
We'll see what they are made of.
A change of heart would be nice, Erica. But Terri might be dead by Noon tomorrow.
We'll see what comes next.