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The Terri Schiavo Case

Terri Schiavo's parents seek stake in lawsuit

A group founded by Pat Robertson has joined with Bob and Mary Schindler to help keep their daughter alive.

By WILLIAM R. LEVESQUE
Published October 31, 2003

The parents of Terri Schiavo asked a judge Thursday to let them intervene in a lawsuit Mrs. Schiavo's husband has filed against the state seeking to overturn "Terri's Law."

The parents, Bob and Mary Schindler, have formed a legal alliance with the American Center for Law and Justice, which is joining the Schindlers' local attorney in representing them in the suit.

The group was founded in 1990 by minister Pat Robertson, a religious broadcaster and founder of the Christian Coalition. The group frequently supports pro-life issues.

The partnership between the Schindlers and the ACLJ comes days after attorney George Felos, attorney for Mrs. Schiavo's husband, Michael Schiavo, joined with the American Civil Liberties Union in challenging "Terri's Law."

"I would say their big guns have just been outgunned," said Pat Anderson, the St. Petersburg lawyer representing the Schindlers.

Florida lawmakers passed "Terri's Law" on Oct. 21, a measure that allowed Gov. Jeb Bush to force doctors to reinsert Mrs. Schiavo's feeding tube. She had gone six days without food and water.

The brain-damaged woman has been kept alive by a feeding tube for more than 13 years. Many doctors say she is in a persistent vegetative state and cannot recover. Her parents disagree with that diagnosis.

The state is expected to file a legal brief supporting "Terri's Law" by next Wednesday, after which a Pinellas-Pasco circuit judge will rule on its constitutionality.

Felos did not return a call for comment on the ACLJ's involvement in the case.

Jay Sekulow, chief counsel of the ACLJ, said in a statement that Michael Schiavo's lawsuit to overturn "Terri's Law" is flawed.

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

Felos and the ACLU said in a brief they filed Wednesday that "Terri's Law" cannot be compared to clemency power, which is authorized specifically by the state Constitution.

"While the governor undeniably enjoys broad discretion in the area of clemency, he does not enjoy a free-ranging power to define and grant pardons according to his whims," that brief said.

Anderson said the parents want to intervene in the case to best protest their daughter's interests, which she said are distinct from the state's.

"The state's interest is in defending the integrity of the legislative process," Anderson said.

"The Schindlers' interest is direct and immediate and very personal. The Schindlers are about to lose their daughter."

Pinellas-Pasco Circuit Judge Douglas Baird has the final say on whether the parents can intervene in the case.

[Last modified October 31, 2003, 04:28:07]


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