Lawless Encore: Season 2, Episode 5.5 - Per Curiam Affirmed

Released on May 17, 2025 | Host: WORLD Radio | Produced by Anna Johansson Brown, Grace Snell, and Lynn Vincent

Introduction

In this compelling episode of The World and Everything in It, WORLD Radio delves deep into the tumultuous Terri Schiavo case that captivated America in the early 2000s. Titled "Per Curiam Affirmed," the episode explores Governor Jeb Bush's pivotal role, the legal battles that ensued, and the personal toll it took on those involved, particularly Raquel "Rocky" Rodriguez, Bush's general counsel. Through interviews, expert analysis, and firsthand accounts, the episode provides a nuanced examination of the intersection between law, politics, and personal belief.

Key Figures and Background

Jeb Bush's Political Stance and Personal Beliefs

The episode opens with archival footage of Jeb Bush being sworn in as Florida's first-ever two-term Republican governor in 2003. Bush emphasizes building a life centered on faith, friends, and family, asserting, "Government is not the answer." His speeches highlight his commitment to humility, gratitude, and generosity, stating at [00:51] "Faith is grounded in humility, gratitude and generosity. An acknowledgment that through life we have been given a gift that is wholly unearned and never fully understood."

Introduction of Raquel 'Rocky' Rodriguez

Raquel Rodriguez, affectionately known as "Rocky," is introduced as a seasoned attorney with over two decades of legal defense experience and a longstanding friendship with Governor Bush. She reflects on Bush's character, saying at [01:28], "He's a person who really believes in second chances for people. And he believes in redemption."

Governor Bush and the Terri Schiavo Case

Initial Involvement and Legal Framework

Governor Bush's involvement in the Terri Schiavo case began less than a year into his second term, marking a significant and controversial intervention. Rocky Rodriguez expresses her initial reservations at [06:48], stating, "I did not believe it was appropriate for the governor to enter as a party that there was nothing in his constitutional authority or any other authority that allowed him to weigh in in random cases." However, she acknowledges the unique circumstances of Terry's situation, where "the feeding tube had already been removed," pushing Bush to act within his legislative powers.

Crafting Terry's Law

The episode details the meticulous effort behind Terry's Law, with Rocky highlighting the importance of precise legal language to differentiate between nutrition, hydration, and extraordinary medical measures. At [10:29], she notes, "There was never an argument made that it was a constitutional right to die case. It all came down to the very basic legislative principle..."

Legal Battles and Legislative Actions

Passing of Terry's Law

Rocky recounts watching the Florida House vote on Terry's Law with growing optimism at [11:04]. The bipartisan support bolstered her confidence in the legislation's potential to save Terry Schiavo's life.

Court Challenges and Procedural Hurdles

Despite initial successes, the law faced immediate legal challenges. At [11:29], Rocky expresses her shock at the courts' rejection of the law, criticizing the dismissal of expert testimonies and the exhaustion within the legal system. She explains how procedural delays hindered the appellate process, ultimately leading to a dead end with the district court's affirmance without explanation at [16:40].

Federal Intervention and Judicial Opinions

The episode explores the federal appellate process, highlighting Judge Charles Wilson's notable dissent in the 11th Circuit opinion. Rocky remembers Wilson's stance at [18:36], emphasizing the importance of allowing legislative remedies. This section underscores the complexities of separation of powers and the judiciary's role in overseeing executive and legislative actions.

Personal Impact and Emotional Toll

Rocky's Personal Connection to Healthcare Decisions

Rocky's own experience with her mother's battle with Alzheimer's profoundly influenced her perspective on Terry's case. At [13:10], she shares the emotional gravity of making end-of-life decisions, contrasting her mother's situation with Terry's circumstances. This personal history fuels her dedication to ensuring that such critical decisions are handled with utmost care and respect.

Emotional Breakdown and Continued Struggle

The relentless pressure of the case takes a significant emotional toll on Rocky. At [20:58], she recounts a breaking point where external attacks and internal exhaustion led her to a moment of vulnerability, highlighting the human cost behind legal battles.

Reflections on Separation of Powers and Legal Ethics

Navigating Judicial Boundaries

Rocky provides a critical analysis of the separation of powers in the context of the Terri Schiavo case. At [17:23], she discusses the tension between the judiciary and the executive, arguing that the legislature possesses the authority to provide remedies and that the Supreme Court's ruling was a misstep.

Demonization of Judicial and Legislative Bodies

Addressing the polarized reactions from both supporters and detractors, Rocky emphasizes the importance of understanding differing perspectives. At [22:53], she reflects, "I've been a litigator my whole career and it's easy to demonize the other side," advocating for a more empathetic and objective approach to legal disputes.

Aftermath and Legacy

Final Rulings and Closure

On February 25, 2005, Judge Greer's final ruling led to the irreversible decision to remove Terry's feeding tube. The legal avenues were exhausted with the affirmation by the District Court of Appeal, leaving no room for further challenges.

Enduring Impact and Lessons Learned

Rocky's reflections reveal a sense of unfinished business and lingering questions about the adequacy of the legal system in handling such profound human issues. Her dedication to preserving Terry's memory and advocating for better legal safeguards underscores the lasting significance of the case.

Notable Quotes

• Jeb Bush [00:05]: "We must build a life centered on faith, friends and family. Government is not the answer."
• Raquel 'Rocky' Rodriguez [01:28]: "He's a person who really believes in second chances for people. And he believes in redemption."
• Raquel 'Rocky' Rodriguez [06:48]: "I did not believe it was appropriate for the governor to enter as a party that there was nothing in his constitutional authority..."
• Raquel 'Rocky' Rodriguez [10:29]: "There was never an argument made that it was a constitutional right to die case."
• Raquel 'Rocky' Rodriguez [22:53]: "I've been a litigator my whole career and it's easy to demonize the other side."

Conclusion

"Per Curiam Affirmed" offers a thorough and emotionally charged exploration of the Terri Schiavo case, highlighting the intricate balance between legal authority, personal belief, and ethical responsibility. Through the lens of Raquel "Rocky" Rodriguez's experiences, WORLD Radio provides listeners with an in-depth understanding of one of the most contentious legal battles of the early 21st century, emphasizing the profound human stories that lie at the heart of judicial proceedings.

For more insights and detailed coverage on this and other episodes, visit lawlesspodcast.com.