A powerful Washington-based legal organization today filed a motion asking a Florida court for permission to intervene in a lawsuit on behalf of Robert and Mary Schindler, the parents of Terri Schindler-Schiavo, in a lawsuit brought by their son-in-law.
Michael Schiavo, who is Terri’s legal guardian as well as her husband, is challenging the constitutionality of actions by the Florida Gov. Jeb Bush and the Florida Legislature to halt the court-ordered starvation death of the brain-disabled woman.
“This is a very important case involving the state’s ability to act to protect human life,” said Jay Sekulow, chief counsel of the American Center for Law and Justice, a public-interest law firm specializing in constitutional law and the protection of human life. “We believe the lawsuit [by Schiavo] is fatally flawed and that both the legislature and the governor are well within their constitutional authority to take actions to save the life of Terri Schindler Schiavo.”
On Oct. 21, capping an intense two-day behind-the-scenes effort to save the woman’s life, the Florida Legislature passed “Terri’s Law,” giving the governor authority to issue an executive order directing her feeding tube re-inserted and nutrition and hydration resumed. By the time the legislation was enacted and the order carried out, Terri had endured six full days of starvation and dehydration.
Schiavo’s attorney, George Felos, a well-known “right-to-die” advocate, tried to block Bush’s order immediately by filing a lawsuit, but no judge was willing to take this up at the time. However, Florida Circuit Judge W. Douglas Baird, in Pinellas County, asked Felos for a brief supporting his argument that the governor acted beyond the bounds of his constitutional authority.
In a 44-page brief filed yesterday, Felos contends the new law violates Terri’s right to privacy and the separation-of-powers provisions of the Florida and U.S. Constitutions.
“It argues that her constitutional right to refuse medical treatment was, in essence, cast aside by a statute that allows the governor to do that under any whim and without any standards and without any review,” he said,
Felos also said Bush and the legislature stepped outside the constitutional bounds by interfering in the business of the state’s courts.
“Each branch of government does not have the right to review or take over the functions of any other branch of government,” he declared.
Bush’s attorneys have a week to respond and have indicated they will do so. A hearing date has not been set.
As it had announced, the American Civil Liberties Union weighed in with Felos as co-counsel on the side of Michael Schiavo and against the governor.
Howard Simon, executive director of the Florida ACLU, denounced Bush’s actions as “unprecedented.”
“This dangerous abuse of power by the governor and Florida lawmakers should concern everyone who may face difficult and agonizing decisions involving the medical condition of a family member,” he stated.
Sekulow and the ACLJ insist otherwise.
“It is clear the governor has the constitutional authority to act to save the life of someone on death row,” he said. “This case is no different. What the legislature and the governor did is not only appropriate but legally sound and constitutional as well.”
He added he was hopeful the court would allow Terri’s parents to enter the case as interested parties.
Expanding on his remarks in the ACLJ statement, Sekulow told WorldNetDaily the governor has the constitutional authority to step into a case like this even without assistance from the legislature, but inviting that branch of government to participate was an “appropriate approach” at this time.
“That is because the legislative body represents the will of the people, and it was good for Bush to rally the legislature before him,” he said. “In my mind, it was the right strategy to go the legislative route at this stage of the case.”
Sekulow dismissed the contention Bush’s action was overreaching and interfered with Terri’s right to privacy.
“When it’s a life-and-death issue, that’s where government comes in,” he said. “This is a life-and-death issue, so you err on the side of caution. If there are questions or issues that are still being litigated, err on the side of caution.”
Sekulow pointed out although the matter of Terri’s alleged wishes – that she would not want to be kept alive “artificially” – had been litigated, it had not been fully resolved.
“The courts decided that [was her wish] based on the ‘clear-and-convincing evidence’ standard, so that means there were questions,” he said. “The courts have acknowledged there were questions. And there’s currently a guardianship proceeding going on in Pinellas County regarding getting an independent guardian. I think all those processes need to go forward.”
The ACLJ and ACLU briefs and other information on the case are posted on the Schindler’s website.
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