ACLJ
Asks Florida Appeals Court to Permit Parents of Terri Schindler Schiavo
to Intervene in Case to Defend "Terri's Law"
December
5, 2003
(Lakeland,
FL) The American Center for Law and Justice, an international
public interest law firm specializing in constitutional law, today
filed its brief with a Florida appeals court asking the court to
overturn a decision by a circuit court judge who has blocked Robert
and Mary Schindler the parents of Terri Schindler Schiavo
from intervening in a lawsuit to defend Terris
Law legislation that cleared the way for Florida Governor
Jeb Bush to restore life-saving measures to Terri Schindler Schiavo.
We are
asking the appeals court to permit Terris parents to take
a direct and active role in defending the state law that is the
only thing keeping their daughter alive, said Jay Sekulow,
Chief Counsel of the ACLJ, which is representing the Schindlers
in the state case. We believe the action taken by the legislature
and the Governor is not only appropriate but constitutional as well.
In this case, the parents have a right to be involved directly in
a case that will ultimately decide the fate of their daughter
whether life-saving measures remain in place to protect Terris
life, or whether her husband succeeds in removing the measures that
will result in Terris death. We are hopeful the appeals court
will permit Terris parents to become directly involved in
this critically important case.
Last month,
Pinellas County Circuit Court Judge W. Douglas Baird denied a motion
made by the ACLJ on behalf of the Schindlers to intervene in the
case and denied a motion asking the judge to reconsider that decision.
The ACLJ did file an amicus brief on behalf of the Schindlers in
an effort to ensure that the views of the Schindlers would be heard
in the constitutional challenge of Terris Law.
In filing the
appeal today with the Florida Second District Court of Appeal in
Lakeland, the ACLJ argues that the statute does create a right
or benefit for the Schindlers: it provides the sole legal barrier
between their daughter and her death by starvation and dehydration.
Thus, the challenged law and the stay the Governor issued
pursuant thereto provide the decisive protection of the Schindlers
interests in saving their daughter and pursuing guardianship of
her. To argue that the Schindlers have no sufficient interest in
the case or possess no right or benefit at issue in this case completely
ignores the facts.
The ACLJ also
argues not permitting them to intervene will, at a minimum,
deprive the Schindlers of their input regarding issues affecting
the life of their child, and, at a maximum, may violate their constitutional
rights to be heard. Terris parents have a strong interest
in the outcome of this case, as the life of their child may be dependent
upon the constitutionality of the challenged statute.
The brief contends
that limiting the involvement in the Schindlers to the filing of
the amicus brief is certainly insufficient to protect the
Schindlers direct interest in the outcome of this case.
We believe
the legislature and the Governor acted in a convincing and constitutional
fashion in the passage and implementation of Terris
Law, said Sekulow. We want to make the strongest
arguments possible on behalf of Terris parents. And, to do
that, we believe Terris parents must be permitted to intervene
directly in this case.
Terris
husband, Michael Schiavo, wants Terris feeding and hydration
tubes removed. He filed suit challenging the constitutionality of
Terris Law and has the support of the ACLU.
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 Terris 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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