Terri Schiavo’s Parents Re-File Motion to Intervene in Terri’s Law Case

Bioethics   |   Steven Ertelt   |   Mar 4, 2004   |   9:00AM   |   WASHINGTON, DC

Terri Schiavo’s Parents Re-File Motion to Intervene in Terri’s Law Case

by Steven Ertelt
LifeNews.com Editor
March 4, 2004

Clearwater, FL (LifeNews.com) — Attorneys for Terri Schiavo’s parents Bob and Mary Schindler have re-filed a legal motion to intervene in the lawsuit filed by Terri’s estranged husband Michael seeking to overturn Terri’s Law. The action follows a victory in an appeals court case that said a local judge failed to follow proper standards when reviewing the original motion to intervene.

The American Center for Law and Justice, a pro-life law firm, filed the motion Thursday on behalf of the Schindlers. It asks Circuit Court Judge Douglas Baird to abide by the findings of the Florida appeals court and allow the Schindlers to defend Terri’s Law along with attorneys for Governor Jeb Bush (R).

"The fact is that legally the parents of Terri Schindler Schiavo are interested parties whose viewpoint must be heard in this litigation," said Jay Sekulow, chief counsel for the firm. "The Florida appeals court set forth the proper legal standard for intervention in this case and without question Robert and Mary Schindler meet those standards."

In February, the Florida 2nd District Court of Appeal ruled Baird "failed to follow the rule that has been established for determining motions to intervene."

Terri’s family has a monumental interest in defending the law helping their daughter, that the appeals court says should be respected. The court ordered Baird’s ruling denying intervention to be reversed and sent the case back to him for "further proceedings."

Pat Anderson, the family’s main attorney, hopes Baird will be more receptive following the appeals court decision.

"Terri’s parents are hopeful, of course, that Judge Baird will permit them to participate fully in this challenge to Terri’s Law — a law that saved their daughter’s life," Anderson told LifeNews.com.

The re-filed motion to intervene says "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."

The appeals court also ruled that attorneys for Governor Bush who are seeking to defend the pro-life law in court should be able to question witnesses in the case.

Terri’s Law is the legislation passed by the Florida state legislature that allowed Governor Bush to ask doctors to reinsert the feeding tube that is allowing Terri to stay alive.

If Baird rules the law unconstitutional, Michael will be able to remove her feeding tube for a third time, possibly causing her death.

Related web sites:
Terri Schiavo’s family – https://www.terrisfight.org