The "auxiliary precautions" of Florida government — in this case the Florida supreme court — have failed Terri Schiavo. It is time, therefore, for Governor Bush to execute the law and protect her rights, and, in turn, he should take responsibility for his actions. Using the state police powers, Governor Bush can order the feeding tube reinserted. His defense will be that he and a majority of the Florida legislature believe the Florida Constitution requires nothing less. Some will argue that Governor Bush will be violating the law. We think he will not be violating the law, but if he is judged to have done so, it will be in the tradition of Martin Luther King, Jr., who answered to a higher law than a judge's opinion. In so doing, King showed respect for the man-made law by willingly going to jail (on a Good Friday); Governor Bush may have to face impeachment because of his decision.
Governor Bush pledged to uphold the Florida constitution as he understands it, not as it is understood by some Florida judges. He is the rightful representative of the people of Florida and he is the chief executive, in whom the power is vested to execute the law and protect the rights of citizens. He should use that power to protect Terri's natural right to live, and he should do so now.
They make an interesting separation of powers argument. If Gov. Bush were to order the feeding tube reinserted he would certainly be breaking the law as decreed by the Florida courts. But, contrary to what most jurists may think, the judiciary is a co-equal branch of government with the executive and legislative branches. If two out of the three branches agree that an action is constitutional while the other branch does not why must the branch in the minority prevail - assuming that the three branches are co-equals?