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February 21, 2005

WHY HB 701 DOES NOT VIOLATE THE SEPARATION OF POWERS

Topics: Legal affairs

For Bloggers and blog readers information - regards HB701. Extremely important. Judge Greer's stay ends tomorow. Need emails to Fl. Leg. Need Florida Residents especially.

MEMORANDUM OF LAW
BY: Dorothy Timbs, J.D., Legislative Counsel, Robert Powell Center for Medical Ethics
DATED: February 15, 2005
RE: WHY HB 701 DOES NOT VIOLATE THE SEPARATION OF POWERS
DOCTRINE AS APPLIED BY THE FLORIDA SUPREME COURT IN BUSH V.
SCHIAVO TO STRIKE DOWN TERRI’S LAW I
In Bush v. Schiavo1, the Florida Supreme Court struck down Terri’s Law I on the ground that it violated the separation of powers doctrine. The Court offered two primary reasons for this infirmity. First, Terri’s Law I encroached on the power of the judicial branch by interfering with a final judicial determination in a case. Second, Terri’s Law I violated the “non-delegation” doctrine by giving the Governor the ability to exercise unfettered discretion in applying Terri’s Law I without meaningful judicial review. 2 Thus, this memo will explain how HB 701 differs in these respects from Terri’s Law I.

via Teknosis

Posted by richard at February 21, 2005 12:02 PM


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