Saturday, March 26, 2005

Governor Bush: checkmated by the courts

John Gibson at Fox wants to send in troops. Veritatis Splendor is hoping that Jeb Bush will take Terri into custody. Bill Bennett in NR hopes that Jeb Bush will send in police to save Terri's life.

This isn't likely to happen--and it shouldn't. The problem is simple: Governor Bush has no legal authority to send in the troops. Bennett, in his piece, admits this but argues that the right to life requires Jeb Bush to send the troops anyway.

But Governor Bush's authority to use police power is an authority under law: he has no authority to use that police power outside of the law. As tragic as it is, the courts have checkmated justice at every point along the way, and at this point there is nothing that the governor can do. This tragedy has been likened to the Passion at every step of the way, and here the words of Jesus to Peter in the garden apply: "Put your sword back in its sheath." (Mt 26.52).


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