Michael Challenges Terri's Law, Wants Guardian Appointment Delayed

LifeNews.com ^ | October 30, 2003 | Steven Ertelt

[nickcarraway]

Pinellas Park, FL (LifeNews.com) -- Michael Schiavo made his challenge of "Terri's Law" official by having his attorney submit a 44-page filing that calls the law unconstitutional. Meanwhile, his attorneys also filed a separate legal motion asking that the appointment of an independent guardian for Terri be delayed while this lawsuit is pending.

In filing his motion seeking to overturn the law and Governor Bush's executive order allowing doctors to reinsert Terri's feeding tube, Michael's attorney George Felos contends the law violates Terri's right to privacy and separation of powers under the state constitution.

Felos, an assisted suicide advccate, filed the brief along with lawyers from the ACLU, who joined the case last week.

"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," said Felos.

Now, Attorney General Charlie Crist has a week to file a response on Bush's behalf.

"We will be responding in court," said Bush spokesman Jacob DiPietre. A hearing date has not been set.

The legal battle is likely to head to the Florida Supreme Court, which earlier refused to hear the lawsuit filed by Terri's parents.

Pat Anderson, an attorney for Terri's parents has not yet read the filing, but she says ending Terri's life -- not protecting it -- would be unconstitutional. She says it would violate laws that require protection of those with disabilities and also violate her Constitutional right to life.

Terri's law also allowed an independent guardian to be appointed for Terri.

Bob and Marcy Schindler, Terri's parents, objected to the appointment of Dr. Jay Wolfson, a professor of health and law at Florida-based Stetson University, as Terri's guardian. They say he should not be appointed because he has already made his opinion in the case known by opposing Terri's Law and Bush's order helping her.

On Wednesday, Deborah Bushnell, Michael's other attorney, asked Chief Circuit Judge David Demers to delay the appointment of a guardian until after the Terri's Law suit has been completed.

Related web sites: http://www.terrisfight.org

[longtermmemmory]

dealth = delt

Someone with people skills. Law professors are refugees from the legal profession.

(they are not known for their people skills.)

[sweetliberty]

"The petition filed by Felos warns "each day that the ward receives nutrition and hydration is a violation of, not only her expressed wishes, but her constitutional rights under the laws of the state of Florida and the United States."

Felos is a twisted, sadistic ghoul! How does one take the undisputed (by rational people anyway) right to life, guaranteed by the Constitution, and turn it into, "allowing someone food and water is a violation of her Constitutional rights?"

[pbmaltzman]

dealth -> delt -> dealt

Sorry to be so picky, but if you're going to correct someone's spelling, you're just embarrassing yourself if you spell your correction wrong. Just my two cents.

[floriduh voter]

So, what's up with Michael? He can't give up any control of Terri? In any event, she's still with us. Thank God for that.

[floriduh voter]

I don't have Demers email handy but it's on the Terri Daily Thread at the top. Just click on the Call to Action Thread - the biggie. Or, see if it's at terrisfight.org.

I called Demers' office today as a concerned citizen. They let me speak. I told them before I started that I wasn't calling to scream at them. I can't imagine what it's like to work in the Pinellas County Court System right now since citizens think 2/3 of the Judges are corrupt.

[floriduh voter]

No trick or treats at my house. Seriesly.

[floriduh voter]

Every day I ask, "she looks good." I haven't heard otherwise.

[JessClark]

Yes, that's the right organization

[Bob J]

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[floriduh voter]

Wolfson is tied to Stetson Law College? Last week they opined on tv and wfla 970 radio that they thought what Jeb Bush did was unconstitutional. I called their PR person and he said they were just rendering a "legal opinion", not choosing sides.

Now, if Wolfson is thick as thieves with Stetson Law College and he's already commented against Jeb's Executive Order, it doesn't look good for Wolfson.

Meanwhile, I'm confident that Jeb's attorney will kick some serious ACLU behind back to Miami.

[Politicalmom]

Uh, I THINK someone is allowed to attempt to correct their OWN spelling. : )

[floriduh voter]

Felos shoulda been a genie in a bottle. He's always talking about "wishes". But, I've seen his presser where he said DEATHBED, DEATH PROCESS, PAINLESS, BRAIN DEAD.

NOW THAT'S SPOOKY.

He needs a psych exam.

[floriduh voter]

#30. Wolfson affiliated with Stetson in addition to USF. Stetson opined against Jeb Bush's Executive Order just one day last week. I think they were afraid to join the fray after all but they may still be tied to Wolfson who's a pro death guy too, whether Stetson likes it or not.

[eleni121]

Ditto that on Felos - IMO a charlatan using euthanasia as a way to make money. I do not believe his positions arise from any deeply held set of moral beliefs.

All the more frightening then...

[dandelion]

Looking into it now. I'm seeing a lot of information beyond Stetson that indicates Wolfson is for one thing only - protecting the hospice and hospital industries in Florida...

That leaves NO room for protecting Terri.

[AnimalLover]

The Sixth Judicial Circuit

David A. Demers(Chief Judge)

Rm. 400, 545 First Avenue North St. Petersburg, FL 33701 (727) 582-7882 Appeals

Demers, Judge David, E-mail Address(es):

DDemers@co.pinellas.fl.us

Also, check this out!

http://www.jud6.org/GeneralInfo/ADAAssist/ada.htm

[floriduh voter]

Did you hear about the Letter to the Editor Today in the Tampa Tribune? Some guy from Tampa who works in a critical care unit practically BEGGED WOLFSON NOT TO CAVE LIKE JEB BUSH. If John Berger (Barger) KNOWS JAY WOLFSON, what a novel way to communicate with each other without picking up a phone. Send a message through the local newspaper instead of risking a phone call or a conference. FV

[supercat]

Wouldn't it only be proper that Terri have someone representing her in these lawsuits? Even if a guardian ad litem weren't needed for other purposes, it would seem like the lawsuits attempting to strike down "Terri's Law" would in and of themselves necessitate the appointment of a guardian ad litem.

Unless someone really wants to maintain that Felos is representing Terri's best interest in these lawsuits, which would be sort of a hard thing to maintain when the whole reason for Terri's law in the first place was that Felos wasn't.

[libravoter]

Except that the lawsuits against Terri's Law aren't technically about Terri because the law isn't technically about Terri. The law gave Jeb the power to intervene in a Terri-like case.

Unless someone were to get Terri added as a party to the case, but I don't know if that is legally possible.

[Saundra Duffy]

Terri is not safe until Michael Schiavo - WHO WANTS TO MURDER HER - is removed from her life forever.