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Terri's Parents Want Their Voice Heard in Life-or-Death Case
CNSNews.com ^ | 10/30/03 | Susan Jones

Posted on 10/30/2003 9:11:08 AM PST by kattracks

(CNSNews.com) - A conservative public interest law firm is trying to give Terri Schindler Schiavo's parents a voice in the latest round of court proceedings that may determine whether their daughter lives or dies.

The American Center for Law and Justice announced Thursday that it has filed a motion in Florida state court that would allow Robert and Mary Schindler to intervene in a lawsuit brought by Michael Schiavo, Terri's husband, who wants his wife's life-sustaining feeding tube disconnected.

Michael Schiavo -- with the support of the American Civil Liberties Union -- is challenging the constitutionality of a law passed earlier this month by the Florida Legislature. "Terri's Law" gave Gov. Jeb Bush the authority to order that Terri's feeding tube be reconnected, after a Florida judge ordered the feeding tube removed.

Terri, who suffered a serious brain injury 13 years ago, went six days without food or water before the Florida legislature and governor intervened on Oct. 21. Terri's parents dispute her husband's contention that Terri told him she would not want to be kept alive artificially.

"This is a very important case involving the state's ability to act to protect human life," said Jay Sekulow, chief counsel of the ACLJ. "We believe [Michael Schiavo's] lawsuit is legally 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."

Sekulow said the ACLJ is asking the court to allow the parents to intervene in the legal challenge. "We're hopeful the court will agree," he said.

Michael Schiavo is not only challenging the constitutionality of the state's action, but he is also asking the court for an injunction to remove Terri's feeding tube once again.

"It is clear the Governor has the constitutional authority to act to save the life of someone on death row," said Sekulow. "This case is no different. What the legislature and the Governor did is not only appropriate, but legally sound and constitutional as well.

There is no word on when the court might consider the ACLJ's motion.


See Earlier Stories:
Doctor Says Schiavo Likely Victim of 'Some Kind of Trauma' (Oct. 28, 2003)
Terri Schindler Schiavo's Parents Denied Visitation, Information (Oct. 22, 2003)


 



TOPICS: Culture/Society; Extended News; News/Current Events
KEYWORDS: aclj; schindler; terri; terrischiavo

1 posted on 10/30/2003 9:11:09 AM PST by kattracks
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To: kattracks
Good for Jay Sekulow. Glad to see he is getting involved.
2 posted on 10/30/2003 9:13:33 AM PST by BonneBlue
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To: kattracks
There is no word on when the court might consider the ACLJ's motion.

I hope they're not going before a liberal judge. I hope this time they go before someone who really understands law.

3 posted on 10/30/2003 9:15:35 AM PST by concerned about politics ( Maybe, could be, I think., what if, is it true?, I heard..............................)
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To: Budge; sweetliberty; floriduh voter; dandelion; EternalVigilance
ACLJ ping!
4 posted on 10/30/2003 11:07:25 AM PST by TheSarce
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To: BonneBlue
It took Jay long enough... he's a very, very welcome addition to the Terri Troopers.
5 posted on 10/30/2003 11:16:59 AM PST by The Red Zone
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To: BonneBlue
I am glad to see that he has joined as well. If I remember correctly, although he is a milder mannered man, he rocks in court. He is admitted in the USSC as well and his record isn't too shabby.
6 posted on 10/30/2003 11:17:10 AM PST by PleaseNoMore
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To: TheSarce
I appreciate the ping and have posted this link on the daily Terri thread. Do you happen to have an email address for the ACLJ handy. We worked to get them on the case. We should thank them for jumping in.
7 posted on 10/30/2003 11:24:59 AM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: PleaseNoMore
He's also one of those rare birds, a Jewish Christian.
8 posted on 10/30/2003 11:27:58 AM PST by The Red Zone
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To: kattracks
Great News, Keep praying!
9 posted on 10/30/2003 11:40:35 AM PST by 4Godsoloved..Hegave (Mat 25:35 For I was an hungred, and ye gave me meat: I was thirsty, and ye gave me drink:)
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To: concerned about politics
I believe they are still going before Judge "Hang Terri High" Greer.
10 posted on 10/30/2003 11:54:41 AM PST by trussell (PRAYER WORKS!!)
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To: kattracks
Gets better and better--ACLU vs ACLJ. Rutherford, anyone?
11 posted on 10/30/2003 11:56:21 AM PST by Mamzelle
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To: sweetliberty
Sekulow was on Hardball last night. Very informative segment. He was pitted against Joe Tacupino who argued that this will be over very quickly, the appeal that is, and that Terri will be killed in a couple of months!

But Sekulow was very persuasive, and I think Chrissie Matthews may be on the side of letting TS live, Chris mentioned the flickering of her eyes and how it looks like someone is in there, his words.

12 posted on 10/30/2003 12:07:55 PM PST by texasbluebell
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To: sweetliberty
try
www.aclj.org

Dear Lord, please let this be true!

I hope I helped, even slightly, in this.

13 posted on 10/30/2003 12:42:42 PM PST by Budge ( <>< .)
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To: Budge
Would you post this on the other thread as well...the aclj address that is? It might come in handy as this goes on.
14 posted on 10/30/2003 12:45:15 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: The Red Zone
It took Jay long enough...

There were a lot of hoops that had to be jumped through befor the ACLJ could intervene.

Thank GOD they were jumped through properly!

15 posted on 10/30/2003 12:45:35 PM PST by Budge ( <>< .)
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To: sweetliberty
Consider it done.
16 posted on 10/30/2003 12:47:21 PM PST by Budge ( <>< .)
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To: texasbluebell
Sekulow was on Hardball last night. Very informative segment. He was pitted against Joe Tacupino who argued that this will be over very quickly, the appeal that is, and that Terri will be killed in a couple of months!

But Sekulow was very persuasive, and I think Chrissie Matthews may be on the side of letting TS live, Chris mentioned the flickering of her eyes and how it looks like someone is in there, his words.

WOW....Sekulow is now involved?? SUPER!! I will have to make a donation on behalf of Terri there! Thanks for the info.

17 posted on 10/30/2003 12:53:08 PM PST by pollywog (Psalm 121;1 I Lift mine eyes to the hills from whence cometh my help.)
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To: sweetliberty
Hi! SweetLiberty and everyone! I just thought of someone to contact - I didn't see anywhere that someone had contacted her. Maybe she can help? Katherine Harris. I saw her on a forum for "Iraqi" women's rights - so I thought . . .hmmmm. Whatcha think? Also, I HAD contacted NOW to ask why they had not intervened and told them, basically, that I did not want just a "pat" answer. Here is what they e-mailed me - I'm not sure what to make of it: X-Sender: comm@now.org X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0.1 Date: Wed, 29 Oct 2003 17:02:49 -0500 To: jacki@boulder.nist.gov From: Communications Director Subject: Re: Fwd: comments concerning Terry Schiavo Dear Jacki: Thanks for writing to NOW and sharing your comments on the Terri Schiavo case. In understand your position; however this case is quite complicated for both the women's rights and disability rights movements. NOW has had a longstanding commitment to the rights of people with disabilities. As a matter of fact, just two weeks ago we co-sponsored a conference entitled "Women with Disabilities and Allies Forum: Linking Arms for Equality and Justice for All." The forum was very well received -- you can read about it at: http://www.nowfoundation.org/issues/disability/forum2003/102403forum.html The Schiavo case was discussed at the forum, and even within the Disability Rights movement, it is somewhat of a controversy. Even before her case became front page news, a workshop had been planned for the forum, where people from both sides could discuss end-of-life issues. There are so many issues involved in this particular case, making it difficult for NOW to take an official position. Those issues include: - The fact that the courts have a history of supporting the right of a person's spouse over their parents to make these types of decisions for the incapacitated person. - The fact that the courts sided with Terri Schiavo's husband again and again after hearing both sides. - Terri's parents say that her husband may have been abusing her, and may have caused her to be in this condition. If that is true, it would be horrible that he is making life and death decisions for her. - Domestic violence so often is not adequately addressed by our judicial system. -- could this be the case here? We simply don't know. - If Terri did say that she did not want to be kept alive in this way, shouldn't her wishes be followed? UNfortunately, we have to take her husband's word for it. - Many people are concerned that the government has again gotten involved in a case that should be decided by the people affected, and if they can't come to an agreement, then by the courts. - Anti-abortion politicians and leaders have become intimately involved in the fight to keep Terri connected to a feeding tube. This sets a frightening precedent for women who want these people to stay out of their lives. I found an article that explains this viewpoint very well -- please see: http://www.workingforchange.com/article.cfm?ItemID=15861 The unfortunate fact of this case is that no matter what happens, decisions about Terri's life are being made by everyone but HER. This case makes it clear that women, no matter what age, need to have living wills if they do not want others making this decision for them. I'm sorry that NOW cannot offer you an official position. On a case as delicate as this, it would be best for our membership to fully debate and vote on what stand we should take. Unfortunately, our membership just met at our last national conference in July, and our next full conference is not until next July. No matter what position NOW might take on this case, I am sure that there would be significant numbers of NOW members who would disagree. Therefore, we should not take a position without opening it up to our members for debate. I appreciate your concerns, and hope that you will continue to consult the NOW web site for the stands that we take on so many, many issues affecting women. Thank You, Lisa Bennett Communications Director NOW 733 15th St., NW, 2nd Floor Washington, D.C. 20005 e-mail: communications@now.org. . . P.S. I’m new to the Freepers (in responding), but have been reading for a loooooong time! I love you guys - keep up the great work for Terri!
18 posted on 10/30/2003 12:53:57 PM PST by jackibutterfly
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To: jackibutterfly
Dang! That didn't post right. Sorry, guys - I'm still trying to learn how to post on this site.
19 posted on 10/30/2003 12:55:54 PM PST by jackibutterfly
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To: jackibutterfly
P.S. If someone can fix it - separate that e-mail from the rest of the message - I'd be eternally grateful. Thanks,
20 posted on 10/30/2003 12:57:31 PM PST by jackibutterfly
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To: Mamzelle
Rutherford connection... only if religious liberty issue at stake. I am aware of one thing in this regard -- Michael's refusal to let Terri receive communion -- but don't know if this is big enough for Rutherford. Nor could it be litigated until someone else gets standing (an eventual GAL?)
21 posted on 10/30/2003 1:00:51 PM PST by The Red Zone
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To: jackibutterfly
"There are so many issues involved in this particular case, making it difficult for NOW to take an official position."

It is liberal doublespeak. That's all. What it means basically is that they have an agenda to serve and sometimes one of their agendas conflicts with another, in which case they prioritize. There is nothing on their agenda that trumps their relentless pursuit for nullification of the Constitution, thus they are most concerned at this time with taking up the side that will try to rule Terri's Law unconstitutional for the simple reason that it IS the balance of powers in action, with the executive and the legislative working together to overrule a court which was misapplying the laws and overstepping its legitimate authority. If the liberals lose their puppets on the bench, they are screwed. End of story.

22 posted on 10/30/2003 1:05:57 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: jackibutterfly
Well... NOW actually sees both sides of the story? WOW!
23 posted on 10/30/2003 1:09:14 PM PST by The Red Zone
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To: jackibutterfly
I notified Katherine Harris sometime ago, and although I support her, was really disappointed she didn't answer my e-mail. Just hope they are working behind the scenes.
24 posted on 10/30/2003 1:15:57 PM PST by trustandobey (I SUPPORT LIFE)
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To: pollywog
Yes, I had been hearing about ACLJ on the Terri threads so my ears picked up when this began. This should be a great help.
25 posted on 10/30/2003 1:35:19 PM PST by texasbluebell
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To: kattracks
Jay Sekulow is like a 200 pound pitbull! Awesome!!!
26 posted on 10/30/2003 2:16:35 PM PST by AmericaUnited
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To: The Red Zone
There are a couple of other "Jewish Christians" that might interest Freepers: Marvin Olasky, World Magazine and Larry Klayman (who can be a bit of a pain from time to time.)
27 posted on 10/30/2003 2:17:09 PM PST by zerosix
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To: AmericaUnited
WHO LET THE DOGS OUT?
28 posted on 10/30/2003 2:54:56 PM PST by The Red Zone
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To: The Red Zone
Michael's refusal to let Terri receive communion

That could possibly be justified on the basis of choking and the strict interpretation of no food at the time. I'm not saying it is right, but it may not be that good of an argument.

Also, I could be wrong, but I believe she was allowed to receive sacramental last rites, just not communion.

Maybe the last rites bought her some time.

29 posted on 10/30/2003 3:00:42 PM PST by Aliska
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To: The Red Zone
I am new to this site, just poking around to see if I am your version of a conservative. I just made a mess on another post which I won't go into, I dispalyed bad manners but I didn't know I was doing it, so now I am being more careful.

Anyway, is this Free Republic site only for Christians, in other words Jews need not apply? I noticed you said that the Jay guy was a Jew Christian. I see a lot of prayers here which is good, I pray right along with the prayers that I read posted. Since I happen to be a Christian it is convenient.

However if I saw prayers to Allah or Buddah I would just ignore them, being a Christian and all, but respect and not offend the people who offered the prayer.

I was just wondering if this Free Republic is a site that is like "against" other religions. OR is it the kind of site where everyone contributes (albeit mostly christians) even if their religion is not Christian? I am trying to figure out what the whole Free Republic site is about.

And This question is NOT directed at the person I am replying to.

It is a question for the group as a whole. I screwed that up on my last post on a different thread and I really offended a nice man because it seems like there is no way to post without picking out a person to reply to. And then that person seems like he is getting dumped on.

Not to distract form the topic, or anything but I am trying toget to know you all. I did send out e-mails in support of Terri, based on information formt his site. I value life and feel abortion is wrong.

I have a living will drawn up by our attorney, and have a healthcare decision maker named. I picked my brother in law because I thought it would be to hard for my blood realtives to pull the plug. However in my living will I explicitly state that food and water are not what I call being on life support. We feed our babies and little children food and water, surely food and water is not life support. My brother in law can pull the plug on me, I don't want to be sustained by machines but I don't want to be starved to deth either.

Thank you to all.



30 posted on 10/30/2003 3:29:34 PM PST by Lone Voice in the hinterlands
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To: sweetliberty
Bump!!
31 posted on 10/30/2003 4:06:54 PM PST by windchime
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To: sweetliberty
Glad to hear that Jay is taking on the case. Will he be working with the current attorney or will he be handling the case from now on?

MCD
32 posted on 10/30/2003 4:10:02 PM PST by MSCASEY
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To: MSCASEY
Don't know. I expect he will be working with the present attorney, unless she chooses to bow out. She seems pretty committed to the family though.
33 posted on 10/30/2003 4:11:20 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: sweetliberty
I know he does not back down and will go all the way to the Supreme Court if needed.

MCD
34 posted on 10/30/2003 4:23:04 PM PST by MSCASEY
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To: MSCASEY
I believe ACLJ is representing the Schindlers as to this matter only (Schiavo v Bush). Their lawyer will continue to handle everything else. Check their website to verify.

I'm very happy they are in this.
35 posted on 10/30/2003 4:30:35 PM PST by Annie03 (donate at www.terrisfight.org)
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To: Lone Voice in the hinterlands
"a Jew Christian"

With that kind of incendiary language, you might be "inadvertantly" "making a mess" on this thread as well!

36 posted on 10/30/2003 4:35:05 PM PST by churchillbuff
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Comment #37 Removed by Moderator

To: jackibutterfly
You are aware that NOW is a big no-no around Freerepublic, aren't you? They are a tiny, little, loud-mouthed organization that is anti-family, anti-male, anti-Republican, pro-death and pro-Socialism. They also never take the position of an abused or molested women unless she is a voting democrat and he is a Republican.

Don't waste an ounce of effort communicating with them. Have you ever heard of Concerned Women for America?

http://www.cwfa.org/

They have and do take positions on isues immediately, because the are founded on a certain set of principles.

I know you meant well, but ...
38 posted on 10/30/2003 6:41:46 PM PST by TaxRelief (Ask me about the connection between Socialism, Communism, Drug Warlords and Vodka.)
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To: Lone Voice in the hinterlands
I would say a goodly number of people(maybe a majority) on this site are Christians(or identify as a Protestant/Catholic anyway), but there are many other faiths represented, as well as some atheists.

If you have a general post to make, type "all" in the To: box.
39 posted on 10/30/2003 6:49:20 PM PST by Politicalmom
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To: Lone Voice in the hinterlands
No slur or even criticism on Sekulow intended! The Jews are God's chosen people and always will be. Christianity is the completion of Judaism, not its enemy.
40 posted on 10/30/2003 9:00:37 PM PST by The Red Zone
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To: texasbluebell; sweetliberty; Pubbie; Tumbleweed_Connection; Stultis; GulliverSwift; ...
>>>Sekulow was on Hardball last night. Very informative segment.
>>>... Sekulow was very persuasive, and I think Chrissie Matthews may be on the side of letting TS live...

Dang, I wish I'd known... I gave up on Matthews when he
turned rabid anti-Bush.

I see Hardball is shown 5 times in a row Sunday starting
at 11AM eastern... Does anyone know if these are each of
the shows throughout the week repeated (Mon-Fri) ???

41 posted on 10/30/2003 11:09:06 PM PST by Future Useless Eater (Freedom_Loving_Engineer)
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To: FL_engineer
Don't know about Hardball repeats, but if there are 5 in a row like that, sounds like you might have a chance there!

I usually don't watch it at all, but just happened to have it on, so caught the name of the guest and left it on for that segment.
42 posted on 10/31/2003 7:23:51 AM PST by texasbluebell
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To: The Red Zone; Lone Voice in the hinterlands; churchillbuff
Just a clarification: There's no such thing as a Jewish Christian. Judaism and Christianity are two different faiths, altho I agree with Red that Christianity is the completion of Judaism, so there's a real bond between these two faiths.

Correct me if I'm wrong, but I believe the term for Jews who believe in Jesus Christ are called Messianic Jews (i.e. Jews who believe that Jesus Christ is the Messiah). But even that is somewhat misleading and we're back to the fact that Judaism and Christianity are two separate faiths, but with a foundational connection to each other. IMNSHO, I think there's some difficulty (?) for Jews to completely give up their heritage, hence the term Messianic "Jews."

Jews in the First Century (and I think those in this century!) who recognized that Jesus was the Messiah foretold by their prophets of old were called Christians!

churchill: I don't think Lone Voice meant any disrespect in his use of "Jew Christian." Both "Jew" and "Christian" are the proper names for persons of those faiths and putting them together in the context of LV's post was not inappropriate.

Lone Voice: When you hit the post reply button and you are in the screen where you type your post, delete the name of the poster that defaults in the To: window (if you don't want to reply to him/her) and type "all" -- without the quotes.

<><
43 posted on 10/31/2003 5:44:23 PM PST by viaveritasvita ("When Love takes you in, everything changes.")
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To: Lone Voice in the hinterlands
P.S. I don't think Muslims would feel very comfortable here on FR, altho everyone is welcome. Try posting this message: "Islam is a Religion of Peace" and see what happens! Hell, GW gets blasted here when he says that!!

<><
44 posted on 10/31/2003 5:48:40 PM PST by viaveritasvita ("When Love takes you in, everything changes.")
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To: viaveritasvita
churchill: I don't think Lone Voice meant any disrespect in his use of "Jew Christian." Both "Jew" and "Christian" are the proper names for persons of those faiths and putting them together in the context of LV's post was not inappropriate.

Well, he may not have meant disrespect, but that's how it natually is interpreted. "Jew" is a noun. To use it as an adjective traditionally conveys disrespect, even a slur; the correct adjectival form is Jewish.

45 posted on 10/31/2003 6:18:21 PM PST by churchillbuff
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To: churchillbuff
That's just it -- I don't think he meant it as an adjective. Maybe he should have reversed it -- Christian Jew....? Or put a -dash- in between?? Whatever. I'll give him the benefit of the doubt. Sounds like he just has some polishing to do.
46 posted on 10/31/2003 6:40:08 PM PST by viaveritasvita ("When Love takes you in, everything changes.")
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