Posted on 10/30/2003 4:16:36 PM PST by nickcarraway
Pinellas Park, FL (LifeNews.com) -- Michael Schiavo made his challenge of "Terri's Law" official by having his attorney submit a 44-page filing that calls the law unconstitutional. Meanwhile, his attorneys also filed a separate legal motion asking that the appointment of an independent guardian for Terri be delayed while this lawsuit is pending.
In filing his motion seeking to overturn the law and Governor Bush's executive order allowing doctors to reinsert Terri's feeding tube, Michael's attorney George Felos contends the law violates Terri's right to privacy and separation of powers under the state constitution.
Felos, an assisted suicide advccate, filed the brief along with lawyers from the ACLU, who joined the case last week.
"It argues that her constitutional right to refuse medical treatment was, in essence, cast aside by a statute that allows the governor to do that under any whim and without any standards and without any review," said Felos.
Now, Attorney General Charlie Crist has a week to file a response on Bush's behalf.
"We will be responding in court," said Bush spokesman Jacob DiPietre. A hearing date has not been set.
The legal battle is likely to head to the Florida Supreme Court, which earlier refused to hear the lawsuit filed by Terri's parents.
Pat Anderson, an attorney for Terri's parents has not yet read the filing, but she says ending Terri's life -- not protecting it -- would be unconstitutional. She says it would violate laws that require protection of those with disabilities and also violate her Constitutional right to life.
Terri's law also allowed an independent guardian to be appointed for Terri.
Bob and Marcy Schindler, Terri's parents, objected to the appointment of Dr. Jay Wolfson, a professor of health and law at Florida-based Stetson University, as Terri's guardian. They say he should not be appointed because he has already made his opinion in the case known by opposing Terri's Law and Bush's order helping her.
On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.
Related web sites: http://www.terrisfight.org
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There are at least two lies in that assertion.
The legal battle is likely to head to the Florida Supreme Court, which earlier refused to hear the lawsuit filed by Terri's parents.
On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.
It could be a long time until this suit has been completed and all the appeals run out! In the meantime, Terri needs a guardian. Demers seems like the appropriate person to email and call about this.
Is this the right organization? I've never heard of them before. Their top story is about supporting Terri.
Separate petitions on the issue of who should represent Terri Schiavo in legal proceedings also were filed Oct. 29 by lawyers representing Michael Schiavo and Terri Schiavo's parents, the Schindlers.
Gov. Bush's Oct. 21 executive order called for a "guardian ad litem" to be appointed by the court. Pinellas Circuit Court Judge W. Douglas Baird Oct. 22 said he would appoint Jay Wolfson, both a medical doctor and a lawyer, and professor of health and law at Stetson University, to the role if an agreement could not be worked out between Michael Schiavo and the Schindlers. Wolfson also is affiliated with the College of Public Health at Florida State University and the College of Medicine at the University of South Florida.
On Oct. 24, Anderson, the Schindlers' attorney, filed a petition on behalf of the parents which questioned Wolfson's fitness for the appointment after he "demonstrated bias" toward Michael Schiavo by appearing on a news show that aired on WFTS, the local ABC affiliate, Oct. 22. Anderson said the Schindlers believe Wolfson expressed opposition to Terri's Law during the interview.
The Oct. 29 petition Anderson filed repeats the Schindlers' objection to Wolfson as guardian ad litem, proposing instead Mary Ann Quartetti, a local professional guardian, or any other guardian "who takes no stand on the advisability of 'Terri's Law,'" is "willing to act as an advocate" and is already known to the court.
Deborah Bushnell, another of Michael Schiavo's attorneys, handling the guardianship matter, asked in the Oct. 29 petition that the court "reconsider" its Oct. 22 order requiring the appointment of a guardian ad litem until such a time as the "constitutionality" of Terri's Law is determined.
The petition filed by Felos warns "each day that the ward receives nutrition and hydration is a violation of, not only her expressed wishes, but her constitutional rights under the laws of the state of Florida and the United States."
The petition filed on behalf of the Schindlers argues, however, that Terri's Law is "presumptively constitutional" and asks that the scope of a guardian ad litem appointed by the court include: the authority to make recommendations ensuring Terri is "treated with all of the dignity and fairness to which she is entitled as a human being"; the authority to investigate whether it is in Terri's best interest to divorce her husband; and determine whether her care during medical crises has been adequate.
In reference to the proposal of investigating whether Terri Schiavo would be best served by a divorce from her current guardian and husband Michael Schiavo, the petition states that "he has abandoned their marital relationship in favor of a long-term adulterous relationship with another woman."
Michael Schiavo had admitted publicly he has a girlfriend whom with he has a child, although he told Larry King on Larry King Live Oct. 27 he has no plans to marry the woman. "I'm fortunate to have two women in my life that I love very much," Schiavo said.
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