by Steven Ertelt
March 23, 2005
Washington, DC (LifeNews.com) — Terri Schiavo’s parents are headed back to the Supreme Court in their efforts to save their daughter’s life. The nation’s high court has twice decided against taking the case and a third such decision would leave Bob and Mary Schindler with few options.
The lead lawyer for the Schindlers, David Gibbs, said Wednesday morning that an appeal was being prepared to the Supreme Court.
"We anticipate having it filed later today," he told the Associated Press.
Howard Simon, director of the Florida ACLU who is working with attorneys for Terri’s estranged husband Michael, told AP he thought the case was coming to a close after years of battles.
"While I anticipate that the Supreme Court will have to decide whether to get into it, I do think we are coming to the end of this sad case," he said.
However, Simon added, "It’s naive to ever say this may be over."
A Supreme Court appeal would first go to Justice Anthony Kennedy, who has twice before considered a request from the Schindlers to hear the case.
Kennedy could act to deny or approve the request alone or he could refer it to the full nine member court, as he did on the last two appeals from state courts.
In January, the high court refused to hear an appeal filed by Florida Governor Jeb Bush seeking to validate a state law passed to save Terri’s life.
Last week, the court declined to hear an appeal from a Congressional committee on requiring Florida courts to follow a subpoena it issued that would have stalled Terri’s starvation.
The Supreme Court may be more likely to take the case this time around since it comes to it through the federal court systems, because Terri is near death, and because of the Congressional bill authorizing Terri’s parents to take their lawsuit to federal courts.
In his dissent, Judge Charles Wilson, a Clinton appointee, said "Congress intended for this case to be reviewed with a fresh set of eyes. Today, we are not called upon to second-guess the wisdom of Congress, but to apply the law it has passed."
The Supreme Court has previously ruled that there is no right to assisted suicide but that state’s may pursue their own laws on the matter.
Related news stories:
Former Terri Schiavo Nurse: Terri Interacts, Michael Refused Care
Related web sites:
Terri Schiavo’s parents – https://www.terrisfight.org