ACLJ
Disappointed with Florida Court Decision Denying Parents of Terri
Schindler Schiavo Permission to Enter Constitutional Case to Defend
"Terri's Law"
November 4, 2003
(Clearwater,
FL) - The American Center for Law and Justice, an international
public interest law firm specializing in constitutional law, said
today it is disappointed that a Florida state court denied its motion
to intervene on behalf of Robert and Mary Schindler - the parents
of Terri Schindler Schiavo - in a lawsuit brought by Michael Schiavo
and supported by the ACLU challenging the constitutionality of the
actions of Florida Governor Jeb Bush and the Florida legislature
in ordering life-saving measures to be restored to Terri Schindler
Schiavo.
"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. 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."
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.
"While
the court will permit the filing of an amicus brief on behalf of
the parents, it is difficult to imagine that the court would shut
out the parents from becoming directly involved in a case where
the life of their daughter is at stake," said Sekulow. "We
believe the state acted properly and constitutionally in taking
the life-saving actions and we believe the Schindlers should be
permitted to be involved directly in a case where the outcome may
well determine if Terri lives or dies. Without doubt, the Schindlers
should be permitted to enter this case to defend 'Terri's Law.'"
The Schindlers
want to respond directly as a party to the lawsuit filed by Michael
Schiavo, Terri's husband, challenging the constitutionality of "Terri's
Law" - legislation that gave Governor Jeb Bush the authority
to order Terri's feeding tube re-inserted and her nutrition and
hydration resumed. The American Civil Liberties Union has joined
with Michael Schiavo in this legal challenge in the case of Schiavo
v. Bush.
The ACLJ is
representing the parents in only one aspect of this ongoing case
- the legal challenge to the constitutionality of the actions of
the Governor and state legislature. Patricia Fields Anderson, an
attorney in St. Petersburg, is representing Terri's parents in all
other aspects of the case.
The American
Center for Law and Justice is an international public interest law
firm specializing in constitutional law and the protection of human
life. The ACLJ is based in Washington, D.C. and its web site address
is www.aclj.org.
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