Will Jeb Intervene in Schiavo Case?

Okay, it has finally come down to the Constitutional Battle that I have been saying was coming for some time. After months of fighting things in the courts (who have made a decision and will now not allow their authority to be questioned even by Constiutuionally-approved checks and balances) and trying to get the legislature involved (whose authority is fundamentally incapable of speedy action), the Schindlers (Terri Schiavo's family) has finally realized that the Executive Branch - law enforcement authority invested in a single human being - is their only hope.

After the federal panel's decision Friday night, the Schindlers appealed to Florida Gov. Jeb Bush to intervene, calling what happened "judicial homicide." "Governor Bush, you have the power to save my daughter," Mary Schindler said. "Please, please do something." Schiavo's father was more forceful. "[Bush] has put Terri through a week of hell and our family through a week of hell by not acting," Bob Schindler said. "He has to come up to the plate."

Of course, the only action left to Governor Bush would be to refuse to enforce the court's order, and to send in state police or the national guard to forcibly reinsert the feeding tube. This is one of the worst possible images in a democracy - a single man exerting his will over the courts - and would effectively end Bush's political career. No national office would be possible after this, and it is certain that the courts would call for his arrest and the legislature would recieve pressure to impeach him. Ann Coulter makes the argument in her usual uncompromising and semi-offensive manner.

To the contrary, what has gone down in history as a glorious moment for the republic was when President Dwight Eisenhower (Republican) called out military force of his own. In response to Gov. Faubus' abuse of the National Guard, Eisenhower simultaneously revoked Faubus' control of the National Guard and ordered the 101st Airborne Division to escort black students to school...As important as it was to enforce the constitutional right to desegregated schools, isn't it also important to enforce Terri Schiavo's right to due process before she is killed by starvation?...There is nothing in the law, the Constitution or the concept of "federalism" that mandates giving courts the last word. Other public officials, including governors and presidents, are sworn to uphold the law, too...Just once, we need an elected official to stand up to a clearly incorrect ruling by a court. Any incorrect ruling will do, but my vote is for a state court that has ordered a disabled woman to be starved to death at the request of her adulterous husband.

As predicted, this case is no longer about the life of one woman, or about the contrast between parental rights and marital rights, or even over existing Florida law. It is a power-struggle between the courts and the executive. Honestly, I do not know what I would do in Jeb's shoes. I am not even sure what advice to offer. But when the choice on one side is the death of an innocent and the choice on the other is an act which is repugnant to democracy, you know you are being paid to make the really tough decisions.