ACLJ
Goes Back to Court on Behalf of Parents of Terri Schindler Schiavo
-- Court Filings Defend "Terri's Law"
November 6, 2003
(Clearwater,
FL) - The American Center for Law and Justice, an international
public interest law firm specializing in constitutional law, today
went back to Florida state court on behalf of Robert and Mary Schindler
- the parents of Terri Schindler Schiavo - taking additional legal
action to ensure that the parents will be heard in defending "Terri's
Law" - legislation that cleared the way for Florida Governor
Jeb Bush to restore life-saving measures to Terri Schindler Schiavo.
The ACLJ today
filed a motion for rehearing - asking Pinellas County Circuit Court
Judge W. Douglas Baird to reconsider his decision on Tuesday to
deny a motion to permit Terri's parents to intervene directly in
a case where "Terri's Law" is being challenged by a lawsuit
filed by Terri's husband, Michael Schiavo, and supported by the
ACLU. At the same time, the ACLJ today filed an amicus brief with
the court - as authorized by Judge Baird - in an effort to ensure
that the views of the Schindlers are heard in this constitutional
challenge.
"We believe
the Schindlers do have sufficient legal interest to be directly
involved in defending the constitutionality of 'Terri's Law,'"
said Jay Sekulow, Chief Counsel of the ACLJ, which is representing
the Schindlers in the state case.
"We are
asking the court to reconsider its decision to deny the Schindler's
motion to intervene in the case," said Sekulow. "And,
in an effort to ensure that the position of the Schindlers is heard
by the court, we have also filed an amicus brief on their behalf
defending the constitutionality of the actions of the legislature
and the Governor. The court should permit the Schindlers to be directly
involved in this case. It is the life of their daughter that is
at stake in these proceedings."
In the friend-of-the-court
brief filed on behalf of the Schindlers, the ACLJ contends that
both the legislature and the Governor acted properly and constitutionally
in passing "Terri's Law" and in acting to restore the
feeding and hydration measures that were removed by her husband.
"The courts
have acted as they were the only government entity to be concerned
about the outcome of Terri's case," said Sekulow. "The
fact is that Florida law and constitution are clear: the legislature
is the policy making body and has the authority to set and review
standards - including standards dealing with the protection of human
life. The state and Governor had a clear, compelling, and constitutional
interest in passing and implementing 'Terri's Law.' We're hopeful
the court will uphold that action."
The ACLJ is
representing the Schindlers in Schiavo v. Bush - 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 Schiavo
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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