Kennedy Tells Bush to Step-In

Here is Kennedy's Statement:

Governor Jeb Bush is to be commended for all he has done in seeking to save the life of Terri Schiavo. His course of action thus far has proven fruitless. Neither the state legislature nor the courts, state or federal, have been willing to act on behalf of this helpless woman who is now within hours of death.

As Governor, Jeb Bush is the only legal authority who can save the life of Terri Schiavo. He must act and he must act immediately on her behalf. He must disregard the order of Judge Greer. He has both the authority and the duty to do so under the state constitution.

The Florida constitution states in Article I, Section 2, that "[a]ll 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 ...." According to the Constitution, "no person shall be deprived of any right [including the right to enjoy life] because of ... physical disability."

As governor, Jeb Bush has the "supreme executive power," and the constitutional duty, stated in Article IV, Section 1, to "take care that the laws be faithfully executed." The governor, who is sworn to uphold the constitution, is obligated to safeguard this constitutional guarantee of the "inalienable right ... to enjoy and defend life," regardless of physical disability.

The Governor may not disregard that obligation even if a member of the judiciary has ordered otherwise. He is not bound by a court order that is at odds with a constitutional guarantee.

Thomas Jefferson said that "[T]o consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy." Abraham Lincoln disregarded the U.S. Supreme Court’s ruling in Dred Scott when he issued the Emancipation Declaration.

Governor Bush has tried patiently to work with the courts and the legislature but to no avail. Now, at the very last moment, he has a constitutional duty to protect Terri Schiavo’s "inalienable right ... to enjoy and defend life." Jeb Bush must choose between the clear mandate of Florida’s constitution and a judiciary which, in this case, has acted in defiance of that state supreme law.

After all this time of praying, petitioning, and lobbying, it comes down to this.