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What Big Tent?
Like the "big tent" ever existed in the first place:What ever happened to that Republican "big tent" that was supposed to welcome those with differing ideas?
Some members of the Florida Senate are questioning where the tent went and why they are being made to feel like lepers by the Christian right wing. "Schiavo furor leaves rips in GOP 'big tent'".
Constitutional Crisis
"With the aid of a little-known state court rule, Florida officials planned to seize Terri Schiavo on Thursday from her hospice bed. But local police got in the way." See "Plan to seize Schiavo fizzles". See also "Agents readied in case 'legal window' opened".
Where's The ...
Special prosecutor?FEMA officials have steadfastly denied that politics played any role in their assistance to Florida.
Garcelon's memo, and a subsequent state assessment that FEMA was cutting checks without asking "for much information of any kind," suggest otherwise. The documents may not be smoking guns, but there's a lot of smoke swirling around FEMA right now.
"Too Much Smoke To Ignore".
Poor "Jeb!"
After feeding the flames with self-righteous gas, "Jeb!" is now feeling the heat:In newspapers, on the Internet, on television and outside the Capitol, conservative critics have lambasted Bush's perceived weakness.
"The governor blinked," said Randall Terry, founder of Operation Rescue, a group that opposes abortion. "We can only hope the governor is huddling with his attorneys and he is determined with his constitutional authority to enforce the statutes."
TV evangelist Pat Robertson said: "The governor can do it, if he wants to. I don't know why in the world they didn't take custody away" from Michael Schiavo. "Case proves a quagmire for governor". See also "Schiavo protesters aim ire at Gov. Bush".
Schiavo
- "State judge rejects parents' request" ("Circuit Judge George Greer wrote in his order that the sounds were in response to an attorney physically holding the arms of Schiavo, an involuntary response that doctors have previously described, and not a sign of mental function.")
- "Latest request to reconnect Schiavo's feeding tube rejected" ("The Schindlers still hope for an unlikely intervention by Gov. Jeb Bush, who has said he has done everything in his power to take custody of Schiavo.")
- "Schiavo In 'Last Hours,' Exhausted Father Says" ("At one point, [Schindler attorney] Gibbs said: 'Absent the state authority of what Judge Greer did, Michael Schiavo would be charged with murder.' 'That is the the kind of rhetoric of this case that cannot influence me and does not influence me,' Whittemore retorted. 'You know that, and I want the public to know that.'")
- "Another defeat for Schiavo's parents; federal legal battle may be over" ("A state judge this afternoon rejected another motion filed by the parents of Terri Schiavo, this one based on the remarkable claim that the severely brain damaged woman attempted to say ''I want to live'' just before her feeding tube was removed over a week ago.")
- "Parents seek to give Schiavo communion".
Isn't This Obvious
The Legislature ought not "benefit a few large private communications companies, potentially at the expense of the public." See "Broad competition".
Now They Tell Us
There's no lawsuit "explosion" in Florida:A review of data compiled by the Office of the State Court Administrator reflecting all civil suits filed in Florida between 1986 and 2003 shows the total number of cases - with one exception - tracks population growth. "Lawsuits in step with growth".
Charter School Financia Fiasco
Charter schools; where's the money going?Florida has more than 300 charter schools. Scores more are expected to open in the fall .... about a third of the schools now open are operating at a deficit. "Financial Trend Worrisome".
Another "Jeb!" Legacy
The homeless don't vote:With all the heady news of late regarding the state's improving economy, it might be easy to assume that life is growing measurably better for most of Florida's homeless and hungry residents.
If only that were true. "Homelessness on the rise".
Dyer Wins Civil Suit
In the Orlando mayoral election civil suit - which spawned the pending criminal indictment - Circuit Judge Theotis Bronson dismissed the lawsuit by failed GOoPer mayoral candidate Ken Mulvaney in its entirety.
The Court Order is here (in html not .pdf form).
This is a huge victory for Dyer, and bodes well for the coming criminal case (which involves slightly different issues, although the complaint to the Florida Department of Law Enforcement mirrored the allegations in the civil lawsuit).
That the case was decided at the "summary judgment" stage exposes the frivolousness of the GOoPer lawsuit. Because the case was resolved on "summary judgment", the judge was required to, and did, apply the following rigorous standards:- the court must "draw every possible inference in favor of the non-moving party", GOpPer mayoral candidate Mulvaney; and
- "if the slightest doubt exists as to the presence of an issue of fact", then summary judgment cannot be granted. Court Order. To avoid summary judgment, and get to a trial, Mulvaney merely had to show some evidence of pervasive irregularities involving absentee ballots. The Court concluded that, even giving Mulvaney the benefit of every possible inference, there was absolutely "no evidence" of pervasive irregularities:Judge Theotis Bronson ruled there was no evidence of pervasive irregularities involving absentee ballots alleged to have been illegally collected for suspended Mayor Buddy Dyer. "Runnerup's request for new Orlando mayoral vote denied". From the Orlando Sentinel:The court ruling is a victory for Dyer, though it's not a part of the criminal case that led to his arrest and suspension by Gov. Jeb Bush two weeks ago. Still, lawyers for Dyer and the city said the judge's ruling could help his defense in the criminal case, as well.
"I'm extremely pleased with the result," Dyer said. "As I've said all along, we would work through the process instead of playing the case out in the media -- as my opponent has done -- and be vindicated once the court had a chance to look at the facts." "Mulvaney loses bid for runoff election".
"Jeb!" Made His Bed
"Jeb!" pumped up the religious right (and so did Toni see "Will 'Jeb!" Take the Bait? ")); when you lay down with dogs, you get up with fleas:Bush may have brought criticism on himself by raising hopes among some fervent supporters of reconnecting Schiavo's feeding tube.
At a hastily called news conference on Wednesday, the governor and Lucy Hadi, secretary of the Department of Children and Families, said they were reviewing their options under a law that allows the state to move a vulnerable adult to state custody.
As several national cable channels carried the session live, Bush and his aides seemed blindsided by a basic question: Did Bush believe he had the authority to take custody of Schiavo?
"We want to make sure that we're carefully saying exactly what the authority is," Bush said.
His legal counsel, Raquel Rodriguez, quickly added that the state "could take protective custody of Mrs. Schiavo, and I'll leave it at that." "Bush's powers fall short of beliefs".
"Jeb!" Takin' Heat ...
from his felow wingers, like Alan Keyes:Despite his protestations of interest and conscience with respect to the assault on Terri Schiavo’s constitutional rights, Jeb Bush has consistently failed to act on his clear and direct responsibility to defend the integrity of Florida’s constitution.
Whether from timidity or political calculation, he has pretended that legislative action is required to authorize his action, even in the face of consistent proof that the legislature is powerless against a determined and ruthless application of judicial prerogative.
The law's delay must cost Terri Schiavo her life, which is precisely the reason executive power in America is entrusted to single executives, rather than to plural deliberative bodies.
When time is of the essence, necessity authorizes the executive to safeguard the security of the constitution before citizens and the polity suffer irreversible damage.
Terri Schiavo's survival depends on Gov. Bush's faithful execution of this responsibility, and the survival of American self-government on the willingness of all those in a like position to faithfully execute the duties of their high office.
In times like these, calculating politicians are not good enough. Enlightened statesmen are needed at the helm. God help us if we do not soon choose to find them there. "Why Jeb Bush has the power to act now". So, "Will 'Jeb!' Take the Bait?"
Politicizing Schiavo
In this informative piece in The Hill (about Harris' plans to run against Nelson), the GOP's unabashed politicization of the Schiavo affair is made crystal clear:Republicans said privately that the Schiavo case had put Nelson in an awkward political spot, particularly after GOP leaders on Capitol Hill sought to intervene on Schiavo’s behalf. While the Democrat doesn’t want to be accused of siding with Schiavo’s husband, Michael, and ending her life — inflaming conservatives — he also doesn’t want to support congressional action considered to be intrusive by his liberal base, Republicans said.
Nelson opposed two measures meant to save Schiavo’s life, including one co-sponsored by Martinez, but backed a third bill because it was more narrowly tailored to the case at hand, Nelson spokesman Dan McLaughlin said. "Harris meets with Rove, eyes Fla. Senate race in '06".
Our Legislature at Work
PatheticCyber-savvy cities across Central Florida are eager to bring wireless Internet to the masses [for free or at very low cost]. From Port Orange to St. Cloud, wi-fi is seen as a vital service, like electricity or the telephone. And city officials want to be the ones providing it to their residents.
But three bills working their way through the Florida Legislature would effectively block local governments from fulfilling their cyber mission. "Cities, Internet giants fight over wireless turf".
2:45PM Schiavo Update
The legal proceedings (except for an appeal of Judge Greer's latest order (see below)) are over:A state judge refused today to hear Gov. Jeb Bush's arguments to take custody of Terri Schiavo, leaving the brain-damaged woman's parents with only the slimmest hopes in their fight to keep her alive.
Bush's request cited new allegations of neglect and challenges Schiavo's diagnosis as being in a persistent vegetative state, but Pinellas Circuit Judge George Greer wasn't convinced.
Greer's decision came hours after the U.S. Supreme Court refused to order her feeding tube reinserted. "Courts refuse to intervene in Schiavo case" (posted online today at 2:42 PM EST).
Note to Readers
Plenty of non-Schiavo material below.
Will "Jeb!" Take the Bait?
A lot of talk yesterday along the lines of "DCF considers removing Schiavo from hospice by force" and "State officials may place Schiavo under protective custody". That's a lot of serious bluster by "Jeb!" and Toni. Although likely tempered somewhat by Judge Greer's order that no state agent may touch Schiavo, "Jeb!" has fueled the expectations of his core constituency - the religious right.
Now, this is from today's London Times: "Jeb Bush holds key to Schiavo's fate", and more pointedly, WorldNetDaily's "Is Terri Schiavo Jeb Bush's Mary Jo Kopechne?".
The pressure will only build today on "Jeb!" and Toni (who was unusually prominent in this story: "State officials may place Schiavo under protective custody" (an attempt to make her look good to the wingers in advance of the GOoPer Gov. primary, no doubt)).
Will "Jeb!" take the bait and, if not, will his wingnut allies - the heart and soul of the Florida GOP - turn on him?
Schiavo Update
State Court Proceedings: The proceedings before Judge Greer are not over, "He'll rule today on the merits of the motion filed by the state." See also "Judge mulls state request for Schiavo custody". From the NY Times: After a series of legal and legislative setbacks to efforts to resume the feeding of Terri Schiavo, Gov. Jeb Bush succeeded on Wednesday in getting a state court to hear new motions in her case, presenting an affidavit from a neurologist who said Ms. Schiavo's brain damage appeared less severe than previously thought.
Judge Greer did not rule on their request immediately, but he granted a request from Ms. Schiavo's husband, Michael, to bar the state's Department of Children and Families from removing her from the hospice where she has gone six days without her feeding tube and from providing her with nutrition or hydration.
George Felos, the lawyer for Mr. Schiavo, who had sought to end life support for his brain-damaged wife, said he had heard "credible" rumors that state officials planned to send doctors to the hospice to give Ms. Schiavo intravenous fluids. Judge Greer also directed state sheriffs to take whatever actions were necessary to enforce the order. "Schiavo's Parents Appeal to the Supreme Court on Feeding Tube".From the AP:The desperate battle to keep Terri Schiavo alive was dealt a number of severe blows Wednesday, leading to a remarkable late-day showdown between a circuit court judge and the governor's office. ...
But by late afternoon, badged state agents were said to be en route to Schiavo's hospice to seize the severely brain-damaged woman and transport her to a hospital to reinsert her tube.
In what may be remembered as a classic face-off between the judiciary and the executive branch, Pinellas-Pasco Circuit Judge George Greer issued an order prohibiting any state agent from touching her. "Schiavo case heads to U.S. Supreme Court". See also "Judicial And Executive Branches Wrangle Over New Medical Opinion". See also "Neurologists disagree with state specialist on Terri's brain damage".
More on the state specialist and the Christian Medical Association here (scroll down to "Press Conference" discussion).
Federal Court Litigation: "Schiavo's parents take appeal to Supreme Court". See also "High court only hope for Schiavo parents" and "High court has little history on ending life".
Florida Legislature: As the media reported yesterday afternoon, the "Florida Senate rejects bill to keep Schiavo alive". See also "Senate rejects Schiavo bill intended to let court prevail".
Believe It Or Not ...
but the U.S. house had scheduled its (now cancelled) hearing friday at Schiavo's Pinellas Park hospice; Schiavo and her husband Michael had been subpoenaed to appear. See "House postpones Good Friday hearing at Schiavo's hospice".
Marquez Hearts Mel
In a predictible defense of the Cellophane Man's crass behavior, we get this from Myriam Marquez today:"You're always going to find me [our Mel] on the side of the underdog." "Martinez's motivation".
Good Luck to You Too
"Help sought for those wrongfully jailed" ("House Claims Committee Chairman Rep. John Quinones, R-Kissimmee ... made no promises about when a separate measure specifically seeking compensation for Dedge and his parents would be heard this year.")
Who Are These People?
The Schiavo "protesters", they can't all be from Ohio? But those from Florida (and most of 'em are locals it seems) are the heart and soul of "Jeb!"'s GOP; consider:After casting an anguished vote last week against a bill to keep Terri Schiavo alive, state Sen. Larcenia Bullard said she began to reconsider, thinking to herself: I will not have her death rest on my shoulders.
Word that the Miami Democrat was on the fence spread among protesters who have descended on the Capitol.
But instead of pushing Bullard to their side, the protesters' aggressive tactics pushed her away. When the bill to keep Schiavo alive came up for another vote Wednesday, Bullard again voted not to intervene in Schiavo's case.
Bullard told her colleagues how one group of protesters, initially claiming they were staffers from Gov. Jeb Bush's office, bowed down to her and spoke in tongues in her office Monday. They called her "our Esther," referring to the Old Testament figure who saved the Jews from death.
"I've never been lobbied like that before," a hoarse Bullard said before the Schiavo bill was defeated 21-18. "I figured I better start praying myself because I didn't understand what they were saying.
"They lost my respect, one, because of the lies, and secondly because of the mean-spiritedness I have felt."
One group of protesters wouldn't leave her office. When she said she had to get something to eat, a man shouted she shouldn't get food if Schiavo can't.
"Protesters' tactics dispel lawmaker's doubts". See also "Activists' tactics to prod Florida legislators appear to be backfiring" ("activists circulating a "wanted poster" with the picture of nine Republican senators who opposed the bill last week.")
Imagine That ...
A GOoPer sucking up to so-called "influential business leaders":U.S. Rep. Ileana Ros-Lehtinen mingles with Miami's most influential business leaders, hoping to cultivate a relationship that could be beneficial for both sides.
"Ros-Lehtinen reaches out".
From the Wingnuts
From WorldNetDaily (I apologize in advance for the source):Jeb Bush finds himself in a similar situation. If he lets Terri Schiavo die, that is, if he capitulates to the judicial death culture, his political future will turn as cold as it did for Ted Kennedy. The pro-life community has a long memory. This issue should never have gotten to Congress or the president. It could have been taken care of in the sovereign state of Florida by the elected governor. "Is Terri Schiavo Jeb Bush's Mary Jo Kopechne? ".
Hypocritical Box
Rep. Dennis Baxley (R-Ocala) gets himself into a hypocrital box"'FIghting The Culture of Death'?" by the blog zerohundred.
"Shoot first, ask questions later" Bill
Unbelievable:The Florida Senate passed a bill 38-0 Wednesday that removes the legal expectation that a person should back down or run away in face of a serious threat. They can open fire without fear of criminal charges or civil liability.
The bill also enshrines the castle doctrine, or the right to defend a home against an intruder, in state law. It extends the castle doctrine to the automobile so drivers can shoot carjackers. ...
Arthur Hayhoe of the Florida Coalition to Stop Gun Violence calls it the "Shoot first, ask questions later" bill.
"It's going to turn the street into a shooting gallery," he said. "Bill would allow freer use of deadly force". See also "Senate bill would allow citizens to kill those who threaten them".
Schiavo Punditry
The Palm Beach Post editorial board sums it up nicely:Gov. Bush continues to embarrass his office and the state with his attempts to prolong the non-life of Terri Schiavo. "Bush still overstepping in case of Terri Schiavo". Meanwile, the Tampa Trib treats "Jeb!" with kid gloves in "Schiavo Saga Is Degenerating Into Undignified Lawlessness". See also "Politics Imperils The Rule of Law" (the "hypocrisy is stunning"). Troxler has this, "Schiavo column draws a passionate, record response".
In "Schiavo case is personal, political", Bill Cotterell gives the politcos more credit than they deserve - particularly the wingers who have managed to simultaneously abandon "the rule of law, federalism and states' rights, the separation of powers, and the privacy of marriage" in this sordid affair.
Voucher Madness
How nice, circumventing" The rule of law:State GOP leaders are looking for ways to "circumvent" an expected ruling by the Florida Supreme Court against the state's first school voucher program, a top senator said Wednesday.
Former Senate President Jim King, explaining his long-running attempt to put some financial and academic oversight on the state's voucher programs to a Senate committee, said his staff also is working with other leaders to undo the effects of an anticipated court ruling. "We are operating under the philosophy that the Supreme Court will rule against us, and we're trying to figure out some way to circumvent it," King told the Senate Government Appropriations Efficiency Committee. "Voucher allies fear court setback".
'Glades
"Rising costs and friction between state and federal government threaten to kill the Everglades restoration plan in its early stages." See "Critical condition".
533,000 Uninsured Florida Kids
As "Jeb!" wails over the Schiavo case,[a]n estimated 533,000 children in Florida do not have health insurance. The state and federally subsidized health insurance program has the money to cover 389,515 children who do not qualify for Medicaid. So why is the Legislature debating whether to fill those slots? "Fill KidCare openings".
The Orlando Insanity Continues
GOoPer prosecutor Brad King - having indicted Buddy Dyer for "common campaign tactics" - is at it again, apparently trying to build a case where none exists:Prosecutors investigating alleged election law violations by suspended mayor Buddy Dyer and a circuit judge have subpoenaed two campaign consultants.
Political consultants Andrew Bott and Todd Hutcheson were subpoenaed Tuesday by special prosecutor Brad King and ordered to answer questions next week. ...
Neither Bott nor Hutcheson was called to testify to the grand jury two weeks ago, when the panel heard from other witnesses. They said they didn't know why they had been subpoenaed to answer questions from prosecutors now, when the grand jury is no longer considering the case.
"I have no idea what they want," Bott said. "I'm in the dark."
Bott worked for Dyer's 2003 campaign, but was not part of his 2004 re-election campaign. He said his duties in '03 included renting a campaign office, providing computer support and overseeing volunteers. But he said he did not work with absentee ballots or with Ezzie Thomas, who has been charged with being paid to collect them.
Likewise, Hutcheson said he didn't work on any absentee ballot program when he worked for Apte's 2002 campaign.
King, the state attorney in the Fifth Circuit based in Ocala, was appointed by Gov. Jeb Bush to handle the case. King would not say why Bott and Hutcheson were subpoenaed or if other subpoenas are pending. "2 called in probe of Dyer, judge".
"Too many questions about touch-screens"
"Too many questions about touch-screens". See "No voter verification".
Runoffs ...
on the way out:The Florida Legislature on Wednesday took the first formal step toward permanently eliminating runoff elections.
By an 8-3 vote, the House Ethics and Elections Committee approved a bill that would permanently repeal the runoff, a political tradition that dates to the early 1900s but has been suspended for the past 4 years.
The committee's vote sends the bill to the full House. The Senate is expected to consider a similar proposal in the coming weeks. "Runoff election dead for keeps if bill succeeds".
Waiting on DCF
Will DCF take Schiavo by force, as they apparently were considering, as reported in the Palm Beach Post's "DCF considers removing Schiavo from hospice by force"?
6:59PM Schiavo Update
Apparently,Pinellas-Pasco Judge George Greer rebuffed Jeb Bush's attempt to take custody of Terri Schiavo, who has gone five days without food or water. "One by one, options vanishing for parents" (no detail other than that in the St Pete Times story posted online at 6:56 PM EST). More from the NT Times:Attorneys for the state filed a motion to take custody of Ms. Schiavo, but the judge, George W. Greer of Pinellas-Pasco Circuit Court, the same one who ordered the tube removed on Friday, turned down the request after a brief hearing late this afternoon. We'll post more details as they come in.
5:19PM Schiavo Update
Sun Sentinel posted online at 4:55 PM EST, by a 21-18 vote, the Florida "Senate rejects bill forcing reconnection of feeding tube".
Update: It didn't help much that activists werecirculating a "wanted poster" with the picture of nine Republican senators who opposed the bill last week.
But the tactics, including the presence of pro-Schiavo activists throughout the Capitol building, may be backfiring to some extent. Opponents are incensed by the poster and some of the efforts of the protesters and seem more entrenched in their positions. "Activists' tactics to prod Florida legislators appear to be backfiring".
5:01PM Schiavo Update
Posted on Inside Politics at 5:01 PM EST:Florida authorities have filed a new request to intervene in the case of brain-damaged Florida woman Terri Schiavo, arguing that new information suggests her condition may have been misdiagnosed, Gov. Jeb Bush said Wednesday.
A neurologist [a Dr. Cheshire (see post immediately below)] who reviewed Schiavo's medical records for the state Department of Children and Families indicated that she is "most likely in a state of minimal consciousness," rather than the persistent vegetative state previous doctors have diagnosed, Bush said. "Florida officials move again to intervene in Schiavo case". In theextraordinary move, Bush said the Department of Children and Families has filed a legal motion alleging "30 detailed allegations of abuse, neglect or exploitation" that have occurred during Schiavo's stay at a Pinellas Park hospice. "Gov. Bush: DCF may intervene". More recent developments below.
4:00PM Schiavo Update
"Jeb!" Considers Taking Schiavo "By Force": From the Miami Herald:Rebuffed by the courts and unsuccessful in the legislature, state officials may attempt to place Terri Schiavo under protective custody so her feeding tube can be reinserted, The Herald learned this afternoon. ...
Lt. Gov. Toni Jennings and the director of the state social services agency said they were considering an intervention in the controversial and increasingly tangled case -- based on calls alleging that Schiavo is being abused in her hospice.
The abuse allegations are based primarily on the removal of her feeding tube last Friday.
"We're looking at the response to the abuse calls," Jennings said. "You'll probably be hearing more."
She and other state officials said the governor's office is considering using a state law that allows the state to take a vulnerable adult into immediate custody if there is a demonstrated need for protection.
Lucy Hadi, secretary of the Department of Children and Families, said the state investigation into potential abuse is ongoing and the state is required by law to file a petition to bring Schiavo into state care if an emergency exists.
The state does not have to wait for a court to act, she said. "State officials may place Schiavo under protective custody".
Another story: "DCF considers removing Schiavo from hospice by force".
Press Conference: "Jeb!" just had a press conference (wherein he asserted that the State could act unilaterally, but did not concede it would do so); more at dKos: "Breaking! Gov Bush to the rescue - kidnap Terri". Listen to the press conference here. In brief,The flurry of 11th-hour action included a dramatic press conference by Bush, in which he revealed a new and more optimistic diagnosis of Schiavo by a doctor who did not fully examine her.
He said that Dr. William Cheshire, a neurologist with the Mayo Clinic in Jacksonville, concluded that Schiavo may not be in a permanent vegetative state, as determined by many other doctors, but instead may be in a state of "minimal consciousness."
"This new information raises serious concerns warrants immediate attention . . .," the governor said. "It is imperative that she be stablized so that the adult protective services team can fulfill their statutory duty and review all the facts surrounding the case. If there is any uncertainty, we should err on the side of protecting her."
Other state officials said that Cheshire "made personal observations" of Schiavo at an undisclosed time in the past. He stood at her bedside observing her for less than an hour and, two days ago, watched two of the six videotapes in the court's possession, they said. "State officials may place Schiavo under protective custody". And who is Dr. Cheshire? He is a member of the "Christian Medical Association", which, among other things,
- Opposes abortion; and - Opposes embryonic stem cell research.
Most pertinently, in the lead story on its website today, "Schiavo Not Likely in Vegetative State, Would Die a Painful Death", the head of the Christian Medical Association, one Dr. Stevens, questioned whether there was any such thing as "Persistent Vegetative State" (PVS) in the first place:In fact, I question the validity of the concept of Persistent Vegetative State diagnosis. This organization, and presumably its members, have an agenda of sorts. Inasmuch as Cheshire's Christian Medical Association apparently doesn't believe PVS even exists, it is not surprising that he might have "concluded that Schiavo may not be in a permanent vegetative state".
Florida Legislative Action: In the meantime, the Florida Senate is debating a bill right now, as detailed in this Sun Sentinel story posted online at 3:04 PM EST: "Senator says this is last chance for Legislature to keep Schiavo alive". Access the debate here (link via CNN). Update: the bill failed.
Federal Litigation Continues: Earlier today the Eleventh Circuit Court of Appeals denied the en banc petition for rehearing; from the New York Times: "Full Appeals Court Denies Rehearing in Schiavo Case" ("The court did not immediately offer an explanation for its 10-2 decision, and the parents, Robert and Mary Schindler, had earlier said they would take the matter to the Supreme Court.")
House Hearing Cancelled:The House Committee on Government Reform on Wednesday postponed a hearing at the Florida hospice that houses Terri Schiavo, the brain-damaged woman at the center of a legal and political battle over her fate.
In a last-ditch effort to keep Terri Schiavo's feeding tube in place last week, the committee issued subpoenas for her, her husband and three hospice administrators to appear. The hearing was initially scheduled for Friday. "House panel postpones Schiavo hearing".
Abuse of Power
Documents witheld by "Jeb!" expose a gross abuse of power:As the second hurricane in less than a month bore down on Florida last fall, a federal consultant predicted a "huge mess" that could reflect poorly on President Bush and suggested that his re-election staff be brought in to minimize any political liability, records show. ...
The governor's office finally released the documents Friday, after threat of a lawsuit by the newspaper.
Democrats in Washington said the records confirm suspicions that the federal government used the hurricanes to funnel money to Florida, a key battleground state in the presidential election. "They weren't really asking for information, yet they were just doling out this money like it was Christmas," said Lale Mamaux, spokeswoman for U.S. Rep. Robert Wexler, D-Boca Raton. "State records show Bush re-election concerns played part in FEMA aid".
Orlando Special Election
Former Orlando Mayor (and former Democrat) "Frederick swoops into mayor's race". In the meantime, the Dems sue to block the special election (go figure).
In Case You Missed It ...
Yesterday afternoon: CNN Inside Politics describes "one of the most important but least appreciated new political trends of the last decade" as follows --the emergence of Florida as a national harbinger of political trends and issues. They continue:[O]ver the last 10 years, Florida has finally taken its place alongside California as one of the leading predictors of the political future. No longer a sleepy Southern state, retiree haven or rising Sunbelt state, Florida is now a certified, cutting edge trendsetter when it comes to national policy. "The new trendsetter". Make of it what you will.
"Wild West"
Speaking of Florida as a political "trendsetter", I hope this isn't one of those trends: "Florida could wind up back in the Wild West, with people shooting first and asking questions later under a proposal that could pass the Senate today, critics of the bill warned." See "Gun bill could mean: Shoot first, ask later". See also "License to kill" and "Full Senate to debate use of guns for protection".
Schiavo Appeal Denied, SCOTUS Next
"Schiavo parents lose appeal, will go to Supreme Court". See also "Appeals Court Refuses to Order Schiavo's Feeding Reinstated". The opinion (.pdf) (via Abstract Appeal)
I'll leave the legal analysis to others, but note that it was a 2-1 decision, and Judge Wilson "strongly dissented". Judge Wilson's bio:Date of Appointment: July 30, 1999 Entered on Duty: August 9, 1999
University of Notre Dame, B.A., 1976 University of Notre Dame, J.D., 1979 Previous Employment:
Law clerk, Hon. Joseph W. Hatchett, U.S. Court of Appeals, Fifth Circuit, 1979-1980 Assistant county attorney, Hillsborough County, FL, 1980-1981 Private practice, Tampa, FL, 1981-1986 State county judge, Hillsborough County, FL, 1986-1990 U.S. Magistrate, U.S. District Court for the Middle District of Florida, 1990-1994 U.S. Attorney for the Middle District of Florida, 1994-1999 It seems Wilson is one of those dreaded "Clinton appointees".
More Schiavo Fallout
New York Times has this, "G.O.P. Right Is Splintered on Schiavo Intervention" and "Casting Angry Eye on Courts, Conservatives Prime for Bench-Clearing Brawl in Congress" ("The intense fight in the Terri Schiavo case is injecting another explosive element into the coming Senate showdown over President Bush's choices for federal judgeships as well as into future battles to fill Supreme Court vacancies.")
Light on Lobbyists
"Casting more light on the lawmaker-lobbyist relationship by more detailed reporting of expenditures is good public policy even if it is goaded in part by Mr. Lee's own stormy relationship with the lobbying corps." See "Lobbying reform".
Privatization Follies
Let's see if they give Convergys the boot:Exasperated Senate Republicans said Tuesday they have lost confidence in Convergys' ability to run the state-employee personnel system and are ready to put a stop to Gov. Jeb Bush's biggest privatization project.
"I've got to tell you, you're in serious trouble here," Sen. JD Alexander, R-Lake Wales, told Convergys lobbyist Bill Pfeiffer, who hastily asked the Governmental Oversight and Productivity Committee for time next week for the company to tell its side of the long-running controversy.
The panel agreed, with several members complaining that Convergys has already had many chances to make its case before House and Senate committees - and saying it will take a miraculous turnabout to make much difference. "Senate panel: Convergys' capability in question". See also "Contract oversight would expand" ("Senate panel advances a bill giving the Legislature more power to monitor and dictate some terms of state contracts with vendors").
Naming Names
"A state lawmaker has asked the Florida Supreme Court to back up its criticisms about some Death Row lawyers by naming names." See "Lawmaker asks court for names of bad lawyers".
More Schiavo Punditry
Daniel Ruth askswhat kind of man would insert himself into the Schiavo family tragedy to appease the Christian right wing, cloaking himself in a vestment of deceits rivaling a Nuremberg defendant?
It has been DeLay and his fellow travelers of prevarication who have been suggesting Terri Schiavo is sitting in her Pinellas Park hospice reading Vogue, having her eyebrows waxed and dishing gossip with her girlfriends while Michael Schiavo lingers outside her door fingering a garrote.
"She talks and she laughs and she expresses likes and discomforts," DeLay lied the other day.
Talking? Laughing? That would be a pretty neat trick considering the opinions of countless medical experts, seven years of court testimony and the conclusion of a guardian ad litem appointed by Gov. Jeb Bush, all asserting Terri Schiavo is in a persistent vegetative state.
Oh, and then there is the brain scan showing fluid has replaced brain tissue.
But the Goober of the Rio Bravo wasn't alone in treating Terri Schiavo as if she was his own personal lawn jockey of the right-to-life movement. "Tom DeLay Awards Badge Of Honor". I'd like to see Ruth strike a little closer to home, looking at the remarks of the oh so substantive Cellophane Man, who first hit the national scene by taking Elian Gonzalez to Disney world and now, along with "Jeb!" is primarily responsible for this fiasco.
This is a good start:Martinez, of course, wouldn't think of crossing his political masters, Gov. Jeb Bush and President Bush. "Profiles in political courage".
Not A Good Thing
Heaven help us; CNN believes thatone of the most important but least appreciated new political trends of the last decade -- the emergence of Florida as a national harbinger of political trends and issues. ... [O]ver the last 10 years, Florida has finally taken its place alongside California as one of the leading predictors of the political future. No longer a sleepy Southern state, retiree haven or rising Sunbelt state, Florida is now a certified, cutting edge trendsetter when it comes to national policy.
"The new trendsetter".
Florida Blogs on Schiavo
Blogwood has this and this. Hatless comments on Dubya's priorities. Bark Bark Woof Woof gives us this review of editorial comment. South of the Suwanee has this bit of insight. Discourse looks at the Judge's opinion; as does Abstract Appeal. Interstate4Jamming has a post on the reaction of local pols. Last Day of My Life addresses the GOoPer culture of death. Somewhere on A1A chips in with this and this. Pensacola Beach Blog looks at some of the Schiavo coverage and how to protect oneself from the "orgy of grandstanding"
Hotwax Residue has a post (too rare these days) on a different issue.
My apologies if I missed anything.
Mor eSchiavo
Mark Lane at FlaBlog has some great links, including a new Florida Poll and some great punditry.
Another "Jeb!" Screwup
"Jeb!"and the Republican-led Legislature last year made some dubious changes they said would protect Kidcare, the federal-state program that subsidizes health coverage for low-income children. Convinced that too many ineligible families were pushing the program beyond its budget, they required more paperwork from parents and constricted the time periods for enrollment.
It's one year later, and their changes are creating havoc in reverse. "Make Kidcare accessible again".
Forget Kids, It's Payback Time
"The teachers union faces political payback in Gov. Jeb Bush's proposal to change the class-size amendment." "Bush offers tough proposal to teachers".
Schiavo Backlash?
Backlash, let's hope so: The extraordinary steps taken by congressional Republicans to save the life of Terri Schiavo have won plaudits from evangelical Christians and other conservative activists, but some Republicans worry about a potential backlash among others who view the intervention as an overbearing use of government power. "GOP's involvement makes some in party uncomfortable". See also "What To Do Now That Schiavo's Case Is In Federal Court", "Culture of coercion", "Congress reaches into a family dispute", "Political opportunism", "Terri's law" ("Case twists constitutional boundaries"), "Schiavo politics" and "New Schiavo law leaves no family out of reach" ("resorting to demagoguery and falsehood to "save" Terri Schiavo, Congress and President Bush are doing her, the Constitution and the nation no favors.")
"A Contemptible Hypocrisy"
To justify federal intervention in the private tragedy of the Schiavo family, the White House has repeatedly extolled the president's belief that he should "err on the side of life." That is a contemptible hypocrisy.
On June 23, 2000, while still governor of Texas, George W. Bush allowed the execution of Gary Graham, a man whose claim to innocence was so strong that five members of his own, notoriously sanguinary parole board had argued to spare Graham's life. So had four justices of the U.S. Supreme Court. ...
On that occasion, if not others, the policy of George W. Bush was to err on the side of death. "Erring on the side of death". See also "Bush let hospitals in Texas end lives over family's onjections".
What The ...
"If county governments don't act on farm owners' formal requests to develop their properties within 180 days, the plans would be automatically approved, under recent changes to the so-called 'agricultural enclave bill.'" See "Agricultural enclave bill set for Florida House vote". See also "Bill tilts land use rules toward farmers".
Dyer: Orlando Election, May 3
May 3, another Orlando election:Orlando voters will choose a temporary replacement for suspended Mayor Buddy Dyer on May 3, while he fights a charge that he violated state elections law. "Orlando plans election to pick temporary mayor". See also "Smart move" ("Orlando council acted in the city's best interests by setting an election.") Not everybody is happy:But at least one attorney said there would be an immediate court challenge of the election's validity -- as soon as today.
"We'll ask the court to fast-track it," attorney Steven Mason, who represents the Orange County Democratic Party, said Monday. "What bigger issue has been before the city in recent years?" "Orlando approves special election".
Privatization Follies
"Jeb!"'spush to privatize more and more state functions took a hit Monday as legislators ripped into a state contract that they say was done with disturbingly little oversight. "Prison drug contract ripped".
Pretty Lobbyists ...
Pretty lobbyists, lined up all in a row:The lobbyists don't like it at all and some legislators have questions, but a Senate committee Monday unanimously approved a bill to require lobbyists to report their fees and identify the lawmakers they wine and dine.
In a room where some of the state's best and brightest lobbyists lined the front row, members of the Senate Ethics and Elections Committee unanimously approved a bill backed by Senate President Tom Lee. "Committee okays bill requiring disclosure from lobbyists". See also "Panel OK's lobbyist disclosure bill".
Bushworld
In BushworldThe end justifies the means.
When you have enough power, you can tell the courts to get lost, you can overrule the self-government of an entire state, you can obliterate the rule of law. "With all laws flattened, where will we hide?"
"Hometown Democracy"
The Florida Supreme Court did state lawmakers and local government officials a favor. How long the reprieve lasts depends on how well state and local leaders address the state's sprawling development.
The justices last week ruled against putting the "Florida Hometown Democracy" measure on the 2006 ballot. They said the measure, which would give voters the final say over where new homes, shopping malls and roads are built, was faulty because "emotional rhetoric" misstated the substance of the proposed constitutional amendment.
"Push For Change Won't Stop".
It's About Time
Let's see how enthusiastic Florida's Bishops are:The U.S. Conference of Catholic Bishops announced a renewed campaign against the death penalty Monday, launching an education program in parishes, schools, universities and seminaries and expanding its advocacy efforts in Congress and state legislatures. "U.S. Catholic bishops intensify campaign against death penalty".
Schiavo Legal Resource
Abstract Appeal looks to be the legal resource on Schiavo.
The "Real Motive"
This bears repeating:The Washington Post published a memo it said had been circulated to GOP senators. "This is an important moral issue and the pro-life base will be excited that the Senate is debating this important," the memo reportedly said.
It appeared to target Sen. Bill Nelson, Florida's top Democrat, saying, "This is a great political issue because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats."
Democrats said the memo revealed their opponents' real motivation. Terri Schiavo, "a great political issue" for the GOoPers.
Schiavo Lawsuit Filed
Back to court:Lawyers entered a [Tampa] Florida [federal] courthouse with a lawsuit in hand as nurses stood ready at Terri Schiavo's bedside early today after Congress approved and President Bush swiftly signed a bill that could prolong her life. "Feeding tube could be reconnected today". See also "Schiavo's parents await judge's word".
"Ignorant or Unethical?" Perhaps Both
"Senate President Tom Lee has a lot of work to do if he intends to break state lawmakers of their addiction to lobbyist money." See "Ignorant or unethical? ".
Water
"If Florida keeps adding people, the state will run out of cheap drinking water." See "Dwindling resource".
Elian II
"In a provocative tactic that underscores the increasingly personal debate over Terri Schiavo's fate, protesters took their battle directly to Michael Schiavo's house Sunday night, holding a candlelight vigil on his sidewalk." See "Protest outside husband's house".
Fortunately, most nuts stayed home ("Nationwide call for protesters unheeded"), or went back to Ohio.
Dyer
"Election dueling begins today". In the meantime, the Orlando Sentinel editorial board, in the context of what to do next, observed:Orlando can't afford the political gamesmanship at this time. Too bad the board sat silently by as "Jeb!"'s FDLE in conjunction with local GOoPers set out to destroy rising Dem star Dyer for "common campaign tactics", used by GOoPers and Dems alike.
Schiavo Update
Via the Orlando Sentinel, March 20, 2005, 5:20 PM EST:The U.S. Senate approved a bill on voice vote this afternoon aimed at prolonging Terri Schiavo's life. ...
Sen. Mel Martinez, R-Orlando, presided over the vote, which was attended by Senate Majority Leader Bill Frist, R-Tenn., and Sen. John Warner, R-Va. None of the 97 other senators were present. ...
The House is expected to reconvene at 12:01 a.m. Monday to take up debate and then vote on the same version the Senate approved.
"U.S. Senate approves bill". See also "Schiavo tube could be back in Monday", "Senate approves Schiavo bill; House delays action", "Senate passes legislation on Schiavo case" and the NYT's "House to Begin Debate on Schiavo Bill This Evening".
"Parallel Universe"
"The journey to wholesale privatization of Florida government has now entered a parallel universe, posing an ethical question that might confound earthlings: What happens when the contractors running a government agency hire the contractors who take over the government agency?". See "Ethical questions".
In the meantime Dem "rising star" Buddy Dyer is indicted for "common campaign tactics" at the behest of "Jeb!"'s FDLE and a GOoPer prosecutor?
"Political Buzz"
Alex Sink ain't gonna be the next Dem Party Chair, U.S. Rep. Ginny Brown-Waite is thinking about a run against Nelson (that would be less fun than Harris, but perhaps better for Nelson), and Florida State University president T.K. Wetherell has been publicly referring to "Jeb!" as "the emperor." See "Political Buzz".
That was a Quick ...
Honeymoon:The promise of a "kinder and gentler" legislative session between Gov. Jeb Bush and the leaders of the two legislative chambers is in doubt.
Already, Florida Senate President Tom Lee, R-Brandon, has expressed reservations about the governor's call for tort reform, tax cuts and the overhaul of Florida's Medicaid program. Those reservations could be fighting words among those on the more ideological wing of Lee's party.
Now the word's out that the Senate president has established Floridians Uniting for a Stronger Tomorrow, a "committee of continuous existence," the local variation of a "527," to pay for direct mail campaigns or television ads to defend himself or the Florida Senate and to justify their positions on important issues facing Florida. The move may be unprecedented, but hardly a surprise.
This is Tallahassee where, during any legislative session, friendships can end and alliances can crumble. As a longtime Senate veteran, Lee knows this all too well. "Honeymoon May Be Over".
Cold Shoulder
"A state senator and an educator are working to clear civil rights activists who have criminal records today because they defied Jim Crow laws long ago." See "Push is on to expunge activists' crime records".
Political Prosecution
"Orlando's Buddy Dyer used common campaign tactics now challenged in state law." See "New law grounds a rising star".
Hypocrites
Here's the conventional wisdom:The tortured case of Terri Schiavo tears up Florida Legislators, who walk a minefield of politics, ideology and religious convictions.
"Emotions fill Capitol debate". Here's the reality:Republicans in the Florida House said they led the charge to keep Terri Schiavo alive for ideological reasons, saying the state should "err on the side of life" in cases where a person's end-of-life wishes are murky.
The stand also was a plus for their party, because it helps shore up the GOP with conservative anti-abortion Christians who make up a cornerstone of the Republican base. "Schiavo stand good for GOP". More specifically, the Washington Post reported this morning on a memo to GOP Senators outlining the importance of the Schiavo case for the '06 election; calling the case a "great political issue," the memo specifically targets Florida Senator Bill Nelson, saying that this issue could prove an important wedge in '06 to pull the Religious Right out to the polls:This is an important moral issue and the pro-life base will be excited that the Senate is debating this important issue," said the memo, which was reported by ABC News and later given to The Washington Post. "This is a great political issue, because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats." "GOP Memo: Schiavo case a 'great political issue'" (via dKos). Of course, caught red handed with their hands in the political cookie jar,Republicans distanced themselves from [the] memo suggesting GOP lawmakers could use the case to appeal to Christian conservative voters and to force Democrats into a difficult vote. "U.S. Senate approves bill".
Faith Based Foolishness
"Florida is making a leap in faith-based initiatives, carving out more state and federal money for religious groups, even as the state awaits word from the Florida Supreme Court on whether one of its largest programs breaches the constitutional prohibition against government funding of religion." See "State funding for faith-based groups on the rise".
I Am Shocked
You don't think?There are more than a half-dozen bills on "tort reform" before the Legislature, and Gov. Jeb Bush has declared that he is "for all of them." Bush has made no secret of his interest in putting constraints on civil lawsuits, calling it necessary to create a "jobs-friendly business climate." But a number of the proposals the governor is pushing would effectively give businesses a license to take advantage of their customers. "Shielding bad business".
Cold Shoulder
"Even state Democrats have some doubts about Bill Nelson, but history has proved his resilience." See "Political cold shoulder? Nelson doesn't cry on it".
Martinez and Nelson
The St. Pete Times reports thatMartinez made it clear he won't be neutral once the [Senate] campaign gets going: "I will be will be involved in that Senate race - we don't know who the candidate is going to be - just as he was involved in my Senate race." "Nelson-Martinez relationship smooth, for now". Inasmuch as Martinez is a major player in the Schiavo scam to hammer Nelson - According to the GOP Senate memo, Schiavo "is a great political issue, because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats" - one might say (or hope) the relationship is pretty much dead already.
Florida's Shame
"Florida's record on farmworker safety is so deplorable that even legislation which reflects only common decency can get hailed as landmark reform." "Toughen the protection for Florida farmworkers".
Who Wrote ...
this headline:"Bush to sign bill to save Schiavo". To "save" Schiavo?
"Sell[ing] the State on the Cheap"
Growth [mis]managementFlorida is the fourth-largest state in the nation with some 17 million residents, and it will have more than 20 million by 2010. Each year the state adds more than 300,000 residents and paves over some 200,000 acres of undeveloped land. By not paying for growth's necessities, the state invites costly problems.
A recent report by the American Society of Civil Engineers found that a third of Florida's roads are congested and estimated that congestion in the Tampa area costs commuters $742 per person per year in excess fuel and lost time. Some estimates put the state's backlog of transportation needs at $40 billion. And it faces nearly $10 billion in wastewater infrastructure needs.
Yet too often state and local leaders act as if they were stuck in a 1950s time warp and still needed to sell the state on the cheap. "State Must Begin Paying Overdue Growth Bills".
Troxler
"On a variety of issues, our lawmakers are attempting to trump the court system, the citizens and the Constitution itself." See "Legislators think they can trump all others".
Voucher Madness
This has got to stop, but it won't:Private school "entrepreneurs" have taken vouchers for students who don't exist. "Consultants" have taken fees to funnel voucher money to home-schoolers who aren't entitled to it. Voucher schools don't have to provide any proof that their students are making academic progress. Unlike Florida's public schools, voucher schools can hire teachers with no credentials or experience, and don't have to do background checks on employees. Private schools can discriminate on the basis of religion when admitting voucher students.
Against that backdrop and before passing any meaningful reforms, the House wants to increase the number of students in the corporate voucher program by 5 percent a year, up from the current cap of $88 million. Worse, legislative committees have advanced and expanded Gov. Bush's plan to provide another new voucher program. Under the House bill, which would give vouchers to students who fail the reading FCAT any two out of three years, 350,000 students would be eligible. Making the rush to balloon the voucher programs even more irresponsible, the new vouchers would divert state money to religious schools. That flaw has led Florida courts to declare that similar vouchers violate the state constitution. The issue is on appeal to the Florida Supreme Court, which has yet to schedule oral arguments.
Voucher reforms are too little too late. Voucher expansion is too much too soon. All of it is a distraction and an excuse not to give public schools the support they need. With that anti-school attitude firmly in place, real improvements will come later rather than sooner. "Slow voucher expansion".
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