IFRL Daily News                                     Published: 5/10/2004 10:29 AM

ACLJ Won't Give Up on "Terri's Law"

     (ACLJ www.aclj.org) Firm is Disappointed with Florida Court Decision Declaring "Terri's Law" Unconstitutional

     Clearwater, Fla., May 6, 2004--The American Center for Law and Justice, specializing in constitutional law won't give up fight to reverse a Florida court decision declaring "Terri's Law" - legislation that cleared the way for Florida Governor Jeb Bush to restore life-saving measures to Terri Schindler Schiavo - unconstitutional.

     The decision was made by Pinellas Circuit Court Judge W. Douglas Baird who twice rejected legal efforts by the ACLJ on behalf of Terri's parents - Robert and Mary Schindler - to intervene directly into the case to defend the constitutionality of "Terri's Law."

     "We are extremely disappointed with the decision of the court," said Jay Sekulow, Chief Counsel of the ACLJ, which represents the Schindlers in the state case. "The legislature and Governor acted appropriately and constitutionally in passing and implementing 'Terri's Law.' The decision declaring the law unconstitutional is disappointing but not surprising. It was the same court that repeatedly denied Terri's parents permission to intervene directly into this case to defend the constitutionality of the law on behalf of their daughter. We applaud the Governor for taking quick action to keep 'Terri's Law' in place through the appeals process. We strongly support the Governor's position in this case and are now examining all legal avenues to ensure that the interests and concerns of Terri's parents are represented in this appeals process."

     The ACLJ filed its latest appeal on a motion to intervene on behalf of the Schindlers with the Second District Court of Appeal on April 29th after Judge Baird denied for a second time a motion to intervene. Judge Baird denied the ACLJ's first motion in November 2003. In March 2004, the appeals court ruled that Judge Baird did not follow judicial rules and said Baird's order should be reversed and sent the case back to him "for further proceedings." One week later, Judge Baird again denied the second motion to intervene.

     The ACLJ is representing the Schindlers in Schiavo v. Bush - the legal challenge to the constitutionality of the actions of the Governor and state legislature. Patricia Fields Anderson, an attorney in St. Petersburg, serves as ACLJ local counsel in Schiavo v. Bush and represents Terri's parents in all other aspects of the Schiavo case.

     The American Center for Law and Justice specializes in constitutional law and the protection of human life. Based in Washington, D.C., the ACLJ web site address is www.aclj.org

Source: The American Center for Law and Justice
Publish Date: May 6, 2004

Related News: Judicial Activism vs. Terri Schiavo

     (FRC www.family.org) In the latest chapter in the fight over the life of Terri Schiavo, a circuit court judge has struck down a law approved by the Florida Legislature last year allowing Gov. Jeb Bush (R-FL) to have doctors reinsert a feeding tube that provides Terri with food and water. But in yet another example of judicial activism, Judge Douglas Baird yesterday ruled the law unconstitutional. The Florida courts are tormenting Terri Schiavo and her family with the cruel and unusual punishment of imposing a death sentence on her through starvation.

     What is not reported is that Terri's estranged husband is aggressively pushing to have the state withdraw food and water from Terri so he can collect an inheritance and carry on with another relationship without the shadow of Terri haunting his conscience.. And, he does this even though Terri's parents have repeatedly said they will care for her and want nothing more than to do just that. FRC's former president, Ken Connor, is representing Gov. Bush in this case and has pledged to appeal the decision all the way to the Supreme Court if necessary.

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