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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (106985)3/31/2005 6:52:19 PM
From: carranza2  Respond to of 793682
 
If Jeb Bush had taken Terri Schiavo into protective custody until the court case was fully and finally litigated, how exactly would that have been illegal?

I willingly concede that it may have been extraordinary, but I don't see how it's contrary to law.


Depends on what authority it was done.

If Jeb would have invoked the federal statute to do so, he would have been acting illegally because nothing in the federal law authorized him to take custody of Schiavo while the case was being considered. Nothing. Zip. Nada. He would have faced some sort of repercussions for doing so.

On the other hand, if there were some Fla. statute that allowed him to take her into custody for some reason, which statute I don't think existed though I'm certainly no expert on Florida law, then he theoretically could have done so even if it would have been a pretext designed to give the Schindlers and their inept lawyers more time.

More important, as a crafty pol who had his wet forefinger up in the air gauging the political winds, Jeb was finally getting the idea that a vast majority of Americans did not want any more interference, certainly not any more probably illegal interference on his part in the name of federal law, into an issue that had been thoroughly litigated under state law.