Florida Court Prohibits Terri's Parents From Joining "Terri's Law" Battle (ACLJ)

LifeNews.com ^ | November 4, 2003 | Steven Ertelt

[nickcarraway]

Pinellas Park, FL (LifeNews.com) -- A Florida state court on Tuesday disallowed Terri's parents from entering the legal battle over Terri's Law. They wanted to join attorneys for Governor Jeb Bush in defending the legislation that allowed Bush to ask doctors to reinsert the feeding tube that is allowing Terri to live.

Bob and Mary Schindler, Terri's parents, were represented in the request by attorneys from the American Center for Law and Justice, a pro-life law firm.

"We're very disappointed with the court's ruling," said Jay Sekulow, Chief Counsel of the ACLJ. "It is clear that state law permits the parents to get directly involved in a case to defend a state law that is keeping their daughter alive. It is unfortunate that the court did not find that the parents have sufficient legal interest in defending the state's actions -- actions that provide the only barrier between Terri and death by starvation.

Sekulow indicated the Schindlers may appeal the decision.

"We are currently examining all legal options available -- including an appeal -- for our clients. We will do everything possible to ensure that the interests of Terri's parents are represented in this case," he said.

Sekulow said the ACLJ is considering several options including filing a motion with the court to reconsider its ruling denying the motion to intervene; filing an appeal with the Florida Second District Court of Appeal; or, representing the interests of Terri's parents with the filing of an amicus brief on the issue.

In court papers filed Monday, Michael's attorneys said the legal battle is between Michael and Governor Bush and that, while Terri's parents have an interest in her well-being, they should not be a party to the lawsuit.

Attorneys for Governor Jeb Bush are expected to file a response to Michael's "Terri's Law" lawsuit this week.

The American Civil Liberties Union is aiding Schiavo in the lawsuit against Terri's Law.

Pro-life attorney Tom Marzen, who monitors end-of-life issues, told LifeNews.com he agrees the Schindlers have a right to be involved.

"The Schindlers should be allowed to intervene since their interests are certainly affected by the outcome of the suit," Marzen explained.

Michael's lawsuit also seeks a removal of Terri's feeding tube for the third time. The Schindlers' petition asks the judge to allow them to be appointed Terri's guardian in place of Michael.

Related web sites:

Terri's family - http://www.terrisfight.org

[nickcarraway]

ping

[deannadurbin]

>>Michael's lawsuit also seeks a removal of Terri's feeding tube for the third time.

This man must have the devil sitting on his shoulder at all times, whispering "kill her! kill her!"

[Legerdemain]

yup, funny, how the family went to the legislature and Gov Bush to be allowed to continue this circus, got their wish, then when the state is sued regarding this terrible law, they do not understand this is now an issue between her husband and the state.

Terri's family do not have a horse in this race...

Flame away...I bought a fireproof suit

[ladyinred]

One cannot expect any court in Florida to do anything other than rule in favor of the leftist agenda. God help Terri.

[nickcarraway]

Well, what are you going to do when a judge disregards Florida law regarding the appointment of guardians. Judges who refuse to follow the law cause untold problems...

[Legerdemain]

been over that.....her husband is her legal guardian.......oh, that's right...you must like the nanny state, the state knows better than her husband...

still, no horse in the race....

[mickie]

Who is the judge that made this ruling against Terri's parents?

[nickcarraway]

Sorry if you don't like Florida, why don't you try to change it, if you don't like it. Florida law clearly states that a guardian shouldn't have a conflict of interest. Having a new common law wife and children with her is about as big a conflict of interest as possible. No, I don't like the nanny state. And when the state can starve someone without due process, that's well down the nanny state road.

My question to you is: would you want your ex-spouse to decide if you can live or die?

[nickcarraway]

still, no horse in the race....

I think we all have a horse in this race. Giving judges absolute imperial authority over life, death, and all our rights is scary.

[pollywog]

indeed sad. I hope that Jay Sekulow will apeal this!!!!!!!

[pollywog]

I think we all have a horse in this race. Giving judges absolute imperial authority over life, death, and all our rights is scary.

You bet we do!!!!!!!!

[Deep_6]

Haha.... You're preaching to an empty church. These
people simply do not have a clue.

I believe they're the same crew that were inflamed when
the separation of power was trampled during the
Elian Gonzalas debacle. Now of course, the saddle's
on the other horse.

This thread is still going, care to join?
Husband in Right to Die Case Moves to Block Parents in New Trial  ^

 

[nickcarraway]

If you don't like Florida law, then why don't you change it!

[Legerdemain]

Having a new common law wife and children with her is about as big a conflict of interest as possible. No, I don't like the nanny state. And when the state can starve someone without due process, that's well down the nanny state road.

you allege a common law wife, have they shared finances,checking accounts, mortgages, credit cards? Ok, so they are not in a common law marriage. Have they professed they want to be married? Did not think so.

BTW, only 11 states have common law marriage laws and Florida is not one of them. Again, I state that her husband is her legal guardian...and yes, my wife knows my intentions on whether to be kept alive or not. I will never have an ex-spouse....well, one day I may have an expired spouse....

[Legerdemain]

your right, her husband has the right and the final say....

[KDD]

One cannot expect any court in Florida to do anything other than rule in favor of the leftist agenda. God help Terri.

And from the bastion of conservatism, California, Ladyinred weighs in with a putdown of the Florida Judiciary. Check out that beam in your own eye. Tend to your own back yard.

[nickcarraway]

Have they professed they want to be married? Did not think so.

Yes, they have.Michael said he intends to marry her when Terri is dead.

I ask you: is that a conflict of interest?

[Polybius]

Well, if I ever try to kill my wife in the future, the last thing I would want is to have my in-laws butting in. < /sarcasm>

[theKing]

Being a legal guardian means exactly dick if you are trying to kill the person you have legal guardianship over. Just as no parent has a right to beat their child to death, which is similar what is going on in this case. Furthermore Terri's law was necessary to protect Terri from someone who wished to murder her, and as such it was the duty of the Flordia Legislature and Geb Bush to draft and sign that law, since protecting people from other people who want to kill them is really the only purpose of a state to begin with.

While Terri's parents are in fact not being sued, they do have a dog in this race. They her perents, and insomuch as they are not trying to kill Terri are really the ones looking after her best interests.