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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