Terri Schiavo's Parents File Appeal to Intervene in Terri's Law Suit

LifeNews.com ^ | December 5, 2003 | Steven Ertelt

[nickcarraway]

Lakeland, FL (LifeNews.com) -- Bob and Mary Schindler, the parents of Terri Schiavo, filed their appeal today in an attempt to be named as a party in the lawsuit Terri's estranged husband Michael filed against Terri's Law. Last month, County Circuit Court Judge Douglas Baird denied them standing in court and on Friday the Schindlers appealed that decision.

The American Center for Law and Justice, a pro-life law firm, filed the appeal at the 2nd District Court of Appeal on behalf of Terri's parents.

"We are asking the appeals court to permit Terri's parents to take a direct and active role in defending the state law that is the only thing keeping their daughter alive," said Jay Sekulow, the ACLJ's chief counsel.

Sekulow said the Schindlers have a right to be involved in the case because it directly affects the life and death of their daughter. Should Michael succeed in declaring Terri's Law unconstitutional, it could result in Terri's death.

After Judge Baird prevented the Schindlers from joining the case, the ACLJ filed an amicus brief on their behalf. However, by being a party to the lawsuit, the Schindlers have greater latitude to help Governor Jeb Bush (R-FL) defend the law in court.

The ACLJ brief argues that Terri's Law is not a violation of the separation of powers and is constitutional under both the Florida and U.S. constitutions.

Terri's Law is the legislation passed by the Florida state legislature that allowed Governor Bush to save Terri's life by asking doctors to reinsert a feeding tube Michael had obtained court approval to remove.

Michael's lawsuit argues Terri's Law violates Terri's right to privacy in addition to the separations of powers clause.

George Felos, Michael's attorney, said the appeal was yet another attempt by either the Schindlers or Governor Bush to delay the case. He said the Schindlers have no place in the debate, which he says is between Bush and Michael alone.

Felos, an assisted suicide advocate, has the support of the ACLU in the lawsuit.

The Schindlers' appeal says the law "does create a right or benefit for the Schindlers: it provides the sole legal barrier between their daughter and her death by starvation and dehydration. Thus, the challenged law -- and the stay the Governor issued pursuant thereto -- provide the decisive protection of the Schindlers' interests in saving their daughter and pursuing guardianship of her. To argue that the Schindlers have no sufficient interest in the case or possess no right or benefit at issue in this case completely ignores the facts."

The appeal also argues that "not permitting them to intervene will, at a minimum, deprive the Schindlers of their input regarding issues affecting the life of their child, and, at a maximum, may violate their constitutional rights to be heard."

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

[nickcarraway]

ping

[freekitty]

I might understand the court's reluctance if Terri's parents were trying to kill her; but it is her husband, the person the court is siding with, who is actually trying to kill her.

What's wrong with this picture?

[Theodore R.]

What's wrong with this picture?

The corrupt FL judiciary, kept in power by either the ignorance or the support of the FL electorate

[Republic]

Nick! I am so glad to read this article! HURRAH! If anyone has a RIGHT to defend Terri's Law it is the people who provided the impetus for it in the first place! I love this Law Center.....Thank God for them! (The ACLU has become an enemy of mine.)

[Pegita]

Heavenly Father, we return to give You thanks that the Schindlers continue to press their fight for their daughter through the courts. Again and again, Father, we come before You looking for that one judge who will vindicate their cause and Your word .. in Your hand is the life of every living thing, and the breath of all mankind .. (Job 12:10).

Thank You, O God, that You have sustained this mother's child .. thank You that You have sustained her family .. continue to strengthen and encourage them as they face the merchants of death time and time again. Reveal, Creator God, the depravity of this mission of death .. reveal it in all its ugliness that the people will know that some come into the courts of law asking sanction for murder. Give us minds to grasp that concept and ears to hear the words and an utter revulsion that this could be. May we rise up in ways of Your choosing .. save this mother's child, in the Name of Jesus, I pray, Amen ...

[Theodore R.]

It's only a matter of time until "Republican" Judge Baird strikes down Terri's Law. What will be the next step in the chain when the liberal Baird rules?

[WFTR]

The next step needs to be Terri's parents moving her to another state. They could do it openly or in secret if necessary. Either way, they should do it so that the Florida courts will have less power over them or Terri. They need to pick a state that is unlikely to honor a request by Florida to extradite Terri back to Florida.

WFTR
Bill

[FR_addict]

Thanks for this post. The ACLJ did an excellent job.
The brief is well-written and is located here:

http://www.aclj.org/resources/prolife/euthanasia/SCHIAVO_motion.pdf

[isrul]

I think that is a wonderful ideaa. How do they get past the armed goons guarding the hospice?

[windchime]

Bump!

[Theodore R.]

Such a change in state of residence for Terri would be nearly impossible for either party in the case. Either the Schindlers or Michael R. Schiavo would have to move her to another state in an illegal operation that would probably bring a military confrontation with the state police.But unless something is done, poor Terri is doomed by FL's ultraliberal and bipartisan judiciary.

States having appointment of judges should consider going to election, and states with election, such as TX, should keep that process. Nevertheless, TX Supreme Court Chief Justice Tom Phillips (first elected 1988) has been trying to convince Texans to give up their right to elect judges such as himself. Phillips wants a FL-style system for TX: appointment by the governor and periodic "Yes" or "No" confirmation votes afterwards.

[Dante3]

I hope they can move Terri to another state. To me this is such a horror story, something I would have expected in Iraq but not in this country.

[Cayenne]

bttt

[msmagoo]

The ACLJ Appellate Brief is posted in full here.

[Cayenne]

When I click to view the The ACLJ Appellate Brief I get "The requested document does not exist on this server." What should I do?

[msmagoo]

Bad link, I guess. Try this:
http://www.freerepublic.com/focus/f-news/1035453/posts

[msmagoo]

Baird is going to lose this one. He gave the Schindlers no explanation, only a "conclusory" statement denying their (first) request for intervention. The appeal cites clear cases where intervention was allowed and the stakes were lower. There is no greater stake in the outcome of civil litigation than life vs death.

[Cayenne]

Now that worked for me. ty

[FR_addict]

Baird is going to lose this one. He gave the Schindlers no explanation, only a "conclusory" statement denying their (first) request for intervention. The appeal cites clear cases where intervention was allowed and the stakes were lower. There is no greater stake in the outcome of civil litigation than life vs death.

You summed up the appeal about right. The ACLJ used previous Florida cases to prove all their points and why they think the judge erred.

I agree with you and don't see how Baird could win, except that this is Florida and the judges don't seem to believe that they have to follow the laws of the state.