Terri's Parents Want Their Voice Heard in Life-or-Death Case

CNSNews.com ^ | 10/30/03 | Susan Jones

[kattracks]

(CNSNews.com) - A conservative public interest law firm is trying to give Terri Schindler Schiavo's parents a voice in the latest round of court proceedings that may determine whether their daughter lives or dies.

The American Center for Law and Justice announced Thursday that it has filed a motion in Florida state court that would allow Robert and Mary Schindler to intervene in a lawsuit brought by Michael Schiavo, Terri's husband, who wants his wife's life-sustaining feeding tube disconnected.

Michael Schiavo -- with the support of the American Civil Liberties Union -- is challenging the constitutionality of a law passed earlier this month by the Florida Legislature. "Terri's Law" gave Gov. Jeb Bush the authority to order that Terri's feeding tube be reconnected, after a Florida judge ordered the feeding tube removed.

Terri, who suffered a serious brain injury 13 years ago, went six days without food or water before the Florida legislature and governor intervened on Oct. 21. Terri's parents dispute her husband's contention that Terri told him she would not want to be kept alive artificially.

"This is a very important case involving the state's ability to act to protect human life," said Jay Sekulow, chief counsel of the ACLJ. "We believe [Michael Schiavo's] lawsuit is legally flawed and that both the legislature and the governor are well within their constitutional authority to take actions to save the life of Terri Schindler Schiavo."

Sekulow said the ACLJ is asking the court to allow the parents to intervene in the legal challenge. "We're hopeful the court will agree," he said.

Michael Schiavo is not only challenging the constitutionality of the state's action, but he is also asking the court for an injunction to remove Terri's feeding tube once again.

"It is clear the Governor has the constitutional authority to act to save the life of someone on death row," said Sekulow. "This case is no different. What the legislature and the Governor did is not only appropriate, but legally sound and constitutional as well.

There is no word on when the court might consider the ACLJ's motion.


See Earlier Stories:
Doctor Says Schiavo Likely Victim of 'Some Kind of Trauma' (Oct. 28, 2003)
Terri Schindler Schiavo's Parents Denied Visitation, Information (Oct. 22, 2003)

 

[BonneBlue]

Good for Jay Sekulow. Glad to see he is getting involved.

[concerned about politics]

There is no word on when the court might consider the ACLJ's motion.

I hope they're not going before a liberal judge. I hope this time they go before someone who really understands law.

[TheSarce]

ACLJ ping!

[The Red Zone]

It took Jay long enough... he's a very, very welcome addition to the Terri Troopers.

[PleaseNoMore]

I am glad to see that he has joined as well. If I remember correctly, although he is a milder mannered man, he rocks in court. He is admitted in the USSC as well and his record isn't too shabby.

[sweetliberty]

I appreciate the ping and have posted this link on the daily Terri thread. Do you happen to have an email address for the ACLJ handy. We worked to get them on the case. We should thank them for jumping in.

[The Red Zone]

He's also one of those rare birds, a Jewish Christian.

[4Godsoloved..Hegave]

Great News, Keep praying!

[trussell]

I believe they are still going before Judge "Hang Terri High" Greer.

[Mamzelle]

Gets better and better--ACLU vs ACLJ. Rutherford, anyone?

[texasbluebell]

Sekulow was on Hardball last night. Very informative segment. He was pitted against Joe Tacupino who argued that this will be over very quickly, the appeal that is, and that Terri will be killed in a couple of months!

But Sekulow was very persuasive, and I think Chrissie Matthews may be on the side of letting TS live, Chris mentioned the flickering of her eyes and how it looks like someone is in there, his words.

[Budge]

try
www.aclj.org

Dear Lord, please let this be true!

I hope I helped, even slightly, in this.

[sweetliberty]

Would you post this on the other thread as well...the aclj address that is? It might come in handy as this goes on.

[Budge]

It took Jay long enough...

There were a lot of hoops that had to be jumped through befor the ACLJ could intervene.

Thank GOD they were jumped through properly!

[Budge]

Consider it done.

[pollywog]

Sekulow was on Hardball last night. Very informative segment. He was pitted against Joe Tacupino who argued that this will be over very quickly, the appeal that is, and that Terri will be killed in a couple of months!

But Sekulow was very persuasive, and I think Chrissie Matthews may be on the side of letting TS live, Chris mentioned the flickering of her eyes and how it looks like someone is in there, his words.

WOW....Sekulow is now involved?? SUPER!! I will have to make a donation on behalf of Terri there! Thanks for the info.

[jackibutterfly]

Hi! SweetLiberty and everyone! I just thought of someone to contact - I didn't see anywhere that someone had contacted her. Maybe she can help? Katherine Harris. I saw her on a forum for "Iraqi" women's rights - so I thought . . .hmmmm. Whatcha think? Also, I HAD contacted NOW to ask why they had not intervened and told them, basically, that I did not want just a "pat" answer. Here is what they e-mailed me - I'm not sure what to make of it: X-Sender: comm@now.org X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0.1 Date: Wed, 29 Oct 2003 17:02:49 -0500 To: jacki@boulder.nist.gov From: Communications Director Subject: Re: Fwd: comments concerning Terry Schiavo Dear Jacki: Thanks for writing to NOW and sharing your comments on the Terri Schiavo case. In understand your position; however this case is quite complicated for both the women's rights and disability rights movements. NOW has had a longstanding commitment to the rights of people with disabilities. As a matter of fact, just two weeks ago we co-sponsored a conference entitled "Women with Disabilities and Allies Forum: Linking Arms for Equality and Justice for All." The forum was very well received -- you can read about it at: http://www.nowfoundation.org/issues/disability/forum2003/102403forum.html The Schiavo case was discussed at the forum, and even within the Disability Rights movement, it is somewhat of a controversy. Even before her case became front page news, a workshop had been planned for the forum, where people from both sides could discuss end-of-life issues. There are so many issues involved in this particular case, making it difficult for NOW to take an official position. Those issues include: - The fact that the courts have a history of supporting the right of a person's spouse over their parents to make these types of decisions for the incapacitated person. - The fact that the courts sided with Terri Schiavo's husband again and again after hearing both sides. - Terri's parents say that her husband may have been abusing her, and may have caused her to be in this condition. If that is true, it would be horrible that he is making life and death decisions for her. - Domestic violence so often is not adequately addressed by our judicial system. -- could this be the case here? We simply don't know. - If Terri did say that she did not want to be kept alive in this way, shouldn't her wishes be followed? UNfortunately, we have to take her husband's word for it. - Many people are concerned that the government has again gotten involved in a case that should be decided by the people affected, and if they can't come to an agreement, then by the courts. - Anti-abortion politicians and leaders have become intimately involved in the fight to keep Terri connected to a feeding tube. This sets a frightening precedent for women who want these people to stay out of their lives. I found an article that explains this viewpoint very well -- please see: http://www.workingforchange.com/article.cfm?ItemID=15861 The unfortunate fact of this case is that no matter what happens, decisions about Terri's life are being made by everyone but HER. This case makes it clear that women, no matter what age, need to have living wills if they do not want others making this decision for them. I'm sorry that NOW cannot offer you an official position. On a case as delicate as this, it would be best for our membership to fully debate and vote on what stand we should take. Unfortunately, our membership just met at our last national conference in July, and our next full conference is not until next July. No matter what position NOW might take on this case, I am sure that there would be significant numbers of NOW members who would disagree. Therefore, we should not take a position without opening it up to our members for debate. I appreciate your concerns, and hope that you will continue to consult the NOW web site for the stands that we take on so many, many issues affecting women. Thank You, Lisa Bennett Communications Director NOW 733 15th St., NW, 2nd Floor Washington, D.C. 20005 e-mail: communications@now.org. . . P.S. I’m new to the Freepers (in responding), but have been reading for a loooooong time! I love you guys - keep up the great work for Terri!

[jackibutterfly]

Dang! That didn't post right. Sorry, guys - I'm still trying to learn how to post on this site.

[jackibutterfly]

P.S. If someone can fix it - separate that e-mail from the rest of the message - I'd be eternally grateful. Thanks,