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Husband in Right to Die Case Moves to Block Parents in New Trial
Tampa Bay Online ^ | Nov 3, 2003 | A P

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.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Florida
KEYWORDS: constitution; georgefelos; guardianfromhell; michaelschiavo; righttolife; terri; terrischiavo
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To: Libertina
"Does he realize he could end up the Most Reviled man in America?"

In my opinion, he's getting pretty d**n close right now. Of course, if he succeeds in having his wife killed (or finishing the job, as the case may be) he will be a big hero to the left. Next thing you know he'll be starring in porn movies and ciphoning off Scott Peterson's marriage proposals. What our country has come to makes me sick!

61 posted on 11/03/2003 8:02:34 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
But what's good about our country is people such as you who stand up and speak the truth. Cheers!
62 posted on 11/03/2003 8:07:21 PM PST by Libertina
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To: Deep_6
That was accomplished and Terri was cited to have a permanent and major loss of cerebral cortex; that area filled with spinal fluid; her condition irreversible.

The problem is that when the Terri-ites hear "Cerebral Cortex", they think he's a pitcher for the Yankees.

63 posted on 11/03/2003 8:08:14 PM PST by WackyKat
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To: sweetliberty
Pictures don't lie.

One of the reasons the pictures were not permitted to be used
as evidence in the court, were that pictures do not represent the
truth.

Terri's head bobs and moves side to side; her eyes follow
non-existent objects; she murmurs sounds; she makes
swallowing motions.

Ask Terri a question enough times and stand in the right
spot and you might understand why the family wants to
believe Terri can actually see and hear them; why it would
appear that Terri is responding.

Ask any doctor if that can be reproduced with any success,
and the answer is a resounding no. Terri is in a vegetated
state and it is physically and mentally impossible for Terri
to respond. She does not have that capability and she will
never, ever have that capability.

It must be understood, the family's love for Terri and the
pain of letting go of a dream; of your child.

But it must also be understood, that when a person dies 
and is forcibly kept in an alive state, they eventually be
permitted to go in our Lord's direction.

She is being kept in an alive state artificially.

That, must be understood by those chanting for
a continuance of that artificial means.

64 posted on 11/03/2003 8:15:14 PM PST by Deep_6
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To: WackyKat
Death death death.

That should make you happy.

65 posted on 11/03/2003 8:16:38 PM PST by Petronski (Living life in a minor key.)
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To: Deep_6
Terri is in a vegetated state and it is physically and mentally impossible for Terri to respond. She does not have that capability and she will never, ever have that capability.

Professionals with far more intelligence, training and skill have examined her personally and determined your claim is NOT true.

And the term is vegetative.

66 posted on 11/03/2003 8:18:40 PM PST by Petronski (Living life in a minor key.)
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To: Deep_6
Yeah, food is an artificial means! I guess we're all being kept alive artificially then.
67 posted on 11/03/2003 8:19:30 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
"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."

Love him or hate him, Pat Robertson is a lawyer and I'd bet he'll have his firm do this free of charge for the Schindlers. Now they have some serious legal backing.

68 posted on 11/03/2003 8:19:49 PM PST by nmh
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To: ChemistCat
Yeah she's on trial because of being disabled by her husband (?) ... for her life. BTW, she's guilty of nothing but wanting to live.
69 posted on 11/03/2003 8:20:55 PM PST by nmh
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To: sweetliberty
Yeah, food is an artificial means! I guess we're all being kept alive artificially then.

Excellent! I think Deep_6 should spend the next thirty days surviving only on the food he can cultivate, raise, harvest and prepare himself. No artificial means like hybrid seeds or combines. No electric or gas ranges either, only campfires started without the artificial means provided by matches or lighter fluid.

70 posted on 11/03/2003 8:22:56 PM PST by Petronski (Living life in a minor key.)
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To: Deep_6
Terri's lost her Cerebral Cortex and the cavity filled with spinal fluid.

If her whole cerebral cortex is gone and her skull is filled with spinal fluid ---- 2 doctors wouldn't say there is a remote chance of recovery. They must have had a chance to review the CAT scans and saw there is still a cerebral cortex there.

71 posted on 11/03/2003 8:24:14 PM PST by FITZ
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To: nmh
If they're allowed in. That is the issue.
72 posted on 11/03/2003 8:26:44 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: Deep_6
>She is being kept in an alive state artificially.

The problem is, we keep getting the bar raised by the word "artificially". At first it was a heart machine, then it was raised to a breathing tube, and now it's raised to food and water. By this logic, severely handicapped people should be put to death upon relying on any source of artificial means. The big question is, who is God in this and who gets to make the decision to when life isn't worth living? Is there going to be a cutoff for alheimers patients? After watching my mother suffer with cancer, I am all in favor of Dr. Kavorkian. There is a need for that option for terminally ill patients who are living a life of hell and there is no alternative but eventual death. In this case, the alternative is caring for a handicapped woman who might get better if given the chance. She wasn't given the chance because as soon as she started making progress, she was denied any further help. Even a teeth cleaning. How is this seeing the potential of this woman? It's not.

73 posted on 11/03/2003 8:29:18 PM PST by sunryse
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To: Deep_6
She is being kept in an alive state artificially.

Food isn't artificial. Her food gets to her stomach through a tube --- which is all the esophagus is anyhow -- a tube that leads to the stomach. I've seen the way the stomach tubes work --- perfectly conscious alert people sometimes have to use them ---- for the same reason Terri does -- to keep the food from being aspirated into lungs. I've seen a little girl who was attending normal school at her proper grade level who was very active and had trouble sitting through a feeding because she was in a hurry to go outside and play.

74 posted on 11/03/2003 8:29:41 PM PST by FITZ
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To: sunryse
Fans and air conditioners are artificial also ---- probably why the elderly in France couldn't use them.
75 posted on 11/03/2003 8:30:42 PM PST by FITZ
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To: Deep_6
Give us a break. You're not arguing to allow her to be " permitted to go in our Lord's direction", you're arguing that she's useless in her state and therefore deserves killing. What you want is a right to kill people you deem to be useless to society, no matter how much you try to cloak it in some twisted attempt at empathy.

Her mental capabilities and outlook of recovery, or lack thereof are beside the point when you consider she is a human being with rights, which is what the State of Florida Constitution considers her.
76 posted on 11/03/2003 8:32:54 PM PST by kenth (Terri is human. Her life is no less valuable than yours or mine.)
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To: Deep_6
Please cite evidence that her cerebral cortex is lost.
77 posted on 11/03/2003 8:35:26 PM PST by First Amendment ((Hi relatives! Why not register on FR and join the debate?))
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To: Petronski
No spoons, knives, or forks either -- no cups to drink from --- those things are artificial means of bringing food closer to your stomach. Definitely no straws --- that's just way too close to being like a feeding tube.

No more artificial legs, no artificial joints for anyone ---if you can't walk on your own --- then you can't use artificial means. Rule out wheel chairs too --- those are artificial.
78 posted on 11/03/2003 8:41:37 PM PST by FITZ
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To: ladyinred
LADYINRED WROTE: "Why doesn't this evil man just go quietly into the night? It becomes more and more obvious this isn't about Terri, it is about the money."

I AM RESPONDING: "Originally, on the night of Terri's attempted strangulation, NON-heart-attack, it WAS just about the money."

I AM ADDING: "Now, it is about KILLING Terri to keep her legally quiet so that she can NEVER recover to send "LOVING" Hitleresque-husband Michael to death row for attempted murder, perjury, obstruction of justice, etc.

79 posted on 11/03/2003 8:48:51 PM PST by Concerned
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To: FITZ
I like your style.

I would just add that I bet death-boy Deep_6 was quite unable of feeding himself for the first 18 months of life, if not more. I suppose the death cult suggests he ought to have been left for dead: stupid infant, cannot even feed himself without the artificial help of Gerber, Beechnut and Heinz....and Mama, of course.

80 posted on 11/03/2003 8:49:52 PM PST by Petronski (Living life in a minor key.)
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