The Florida Supreme Court appears to be opposed to Terri’s law.
Big surprise. It’s the Florida Supreme Court.
UPDATE: Xrlq asks in the comments: “Does anyone seriously doubt that if the Florida Legislature voted tomorrow to end the death penalty, and Gov. Bush signed the law the same day, all death sentences that had been fully litigated would still have to be carried out?”
I think the more relevant question is whether the Florida Legislature could authorize the Governor to grant pardons in death penalty cases that have been fully litigated by the judicial system. And the answer, obviously, is yes.
Here, Governor Bush has essentially been authorized to pardon Terri Schiavo. What’s the difference? That is, other than the fact that Terri Schiavo is innocent of murder?
Before you start barking about her alleged wishes, please read a column I wrote comparing the protections available in the Schiavo case to those available in death penalty cases. In that column, I set forth several reasons to question whether Ms. Schiavo’s wishes are indeed being carried out. On a deeper level, I raise a fundamental question whether we have sufficient procedural protections in place in our judicial system, to make sure that such questions are answered properly.