Posted on 11/03/2003 6:08:39 PM PST by sweetliberty
CLEARWATER, Fla. (AP) - Attorneys for the husband seeking to carry out what he says is his wife's end-of-life wishes said in court papers Monday her parents shouldn't be allowed to enter the constitutional fight over the new law which is prolonging her life. Attorneys for Michael Schiavo, whose wife Terri is at the center of the massive legal battle over whether she lives or dies, responded to legal filings seeking a judge's permission to allow Bob and Mary Schindler to become parties in the challenge of the new law.
The law allowed Gov. Jeb Bush last month to order Terri Schiavo's feeding tube - which has kept her alive for more than a decade - be reinserted six days after her husband ordered it removed.
Michael Schiavo's attorneys said that while the Schindlers arguably had a stake in the legal battle on whether their daughter's wishes should be carried out, the legal challenge of what's been dubbed "Terri's Law" is between her husband and the governor's attorneys.
"The rights at stake in this litigation are uniquely those of Mrs. Schiavo and it is those rights that are directly affected by the challenged legislation and Governor's actions," said the legal response filed in Florida circuit Court. "The Schindlers' interest in continuing to pursue their belief that the prior litigation was wrongly decided simply does not meet the requisite legal standard for intervention."
Doctors and a judge have ruled that Terri Schiavo is in a persistent vegetative state with no hope for recovery. She suffered severe brain damage in 1990 when her heart stopped beating - cutting off oxygen to her brain - because of a chemical imbalance.
The conservative law firm founded by religious broadcaster Pat Robertson asked last week to be allowed to intervene in the case on behalf of Schindlers. Circuit Court Judge W. Douglas Baird would have to grant permission for the Schindlers to enter the lawsuit.
The couple have said their daughter had no end-of-life wishes and believe she could be rehabilitated. They also dispute that she is in a vegetative state and believe she has enough mental abilities to respond to them.
The American Center for Law & Justice said in its filing that it believes lawmakers and the governor were within their authority to intervene in the case. Her parents are seeking to be appointed their daughter's guardians and to exclude them from the case would "violate their constitutional rights to be heart," the law firm said in its filing.
I think the total count will be 50 when he enters his plea. It's a shame he won't get the needle.
Since you keep bringing it up, I was wondering if you would like for me to ping you to a "biker" religious thread to discuss your concerns about prayer? I won't though unless you FM and say yes though, ok?
That is strictly hearsay and not factual. It had been deemed that no therapy will help, since Terri does not now have, or will ever have, the mental ability to respond.
Actually, I believe Michael himself has gone on record in court and stated that he attempted to prevent people from providing care for Terri. This in addition to the fact that he has received court orders for precisely that purpose. Whether or not the court has deemed that therapy could be helpful, the fact remains that Michael has sought to prevent others from providing it.
"If Terri's parents took Terri in and after a year or two of therapy"
The family has had 13 years of watching Terri...
And being forbidden from making any effort to help her condition. They could have taken any legal step they desired, to gain guardianship. Instead, they chose to fight a battle each time the decision was made to accept her proxy-plea to have the support removed.
I don't know what previous efforts were made to remove Michael's guardianship, but I believe the last such petitition was before he moved in with his mistress and boasted about it on national television. Since having a sexual cohabitive relationship with someone other than a spouse is an absolute disqualification under the guardianship statutes, that should be grounds for removing Michael as guardian.
I agree it's disgusting that this business has gone on 13 years. Terri should have been divorced from Michael a decade ago. Actually, if Michael had sought a divorce immediately after winning the malpractice awards, he probably would have come out pretty well. He wouldn't get Terri's trust fund, of course, but a divorce court would probably have counted the trust fund against her share of assets and against any alimony he'd be required to pay. And his $300K for loss of consortium would have been all his.
I'll admit Terri's legal help has been less than stellar. On the other hand, when Michael has a $750,000 goldmine he can harvest to pay his lawyer and the parents don't, it should hardly be surprising that Michael's side can outlawyer the parents.
I realize it's a heart tearing situation, but there is no legal manner
in which to end this situation, other than to allow nature to go it's
set course.
Terri would have been dead 13 years ago, if it hadn't been for the temporary
life supporting feeding apparatus. It was temporary, in the sense that
should her diagnosis and prognosis be bleak; if she is indeed without
a cerebral cortex to allow her to make the least of voluntary movements
[eating or drinking], then a choice would have to be made regarding the
length of time she should be kept on life support.
The tube was placed by a human; it can be removed by a human.
It would have been no less humane 13 years ago, had that device
not been available.
Thanks.
Who cares, a life insurance policy has nothing to do with this. Oh, I know, you are going to say that he is after her insurance money....allegations, as wels as, smoke and mirrors.
Some of the legislators who wrote the legislation that Schiavo et al. were using to try to kill Terri said, in the legislative debates, that they never intended the laws to be [mis]interpreted as they had been in this case. There are precedents going back more than two centuries which establish that in civil matters legislators are allowed to pass legislation which affects existing matters. In that regard, Terri's law is hardly precedential.
ah, the godsquad...why a biker religious thread....is that supposed to scare me? Should I take this as a threat?
I find it funny and proves my point about the godsquad..
btw, I am a biker already...I do not need to be converted to the Church of Harley Davidson"
Sort of. We also had some help from our parents. Most of us actually believe in [GASP] God too.
Uh, have you ever read the Constituttion of the United States Of America?
There is a line in there that reads, "LIFE, Liberty and the Pursuit of Happiness."
You know, if Michael had been willing to allow Terri's parents to attempt to give her food and water by mouth when the feeding tube was removed, many people would probably have not been so strongly opposed to the action. After all, one could reasonably make the case that such action was allowing room for a miracle. But to remove a feeding tube while forbidding all efforts oral feeding and hydration is to kill someone absolutely (except in cases where a patient is going to die of something else first). I know of no time ever in history where anyone has gone more than 41 days without food or water.
I'll ssay some prayers for you too, Micha WackyKat.
There is a line in there that reads, "LIFE, Liberty and the Pursuit of Happiness."
Can't seem to find that line in my copy of the Constitution?
Would you point it out to me please.
the funny thing is if we take out the godsquad, we have no argument. We can then deal with reality and the reality is to take out the tube....however this will never happen here on FR. Religion and narrow mindedness go hand in hand...it has been that way for 6,000 years
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