ACLJ Pleased that Florida Appeals Court Gives Parents of Terri Schindler Schiavo Another Opportunity to Intervene in Case to Defend "Terri's Law"

February 13, 2003
 
The American Center for Law and Justice
 
P.O. Box 64429

Virginia Beach, VA 23467

757-226-2489

Fax: 757-226-2836
 
 

Lakeland, Florida - The American Center for Law and Justice, an international public interest law firm specializing in constitutional law, said it is pleased with today's decision by a Florida appeals court reversing a lower court decision that blocked Robert and Mary Schindler - the parents of Terri Schindler Schiavo - from intervening in a lawsuit to defend "Terri's Law" - legislation that cleared the way for Florida Governor Jeb Bush to restore life-saving measures to Terri Schindler Schiavo.

"The decision by the appeals court is encouraging and opens the door for Terri's parents to intervene directly in this critical case," said Jay Sekulow, Chief Counsel of the ACLJ, which is representing the Schindlers in the state case. "This decision gives us one more opportunity to convince the court to do what should have been done from the very start - permit Terri's parents to take a direct and active role in defending the state law that is the only thing keeping their daughter alive. While we believe that 'Terri's Law' ultimately will be upheld as constitutional, it is our focus now to ensure that Terri's parents be permitted to be directly involved in a case that will ultimately decide the fate of their daughter."

Florida's 2nd District Court of Appeal today ruled that Pinellas Circuit Court Judge W. Douglas Baird did not follow judicial rules when he denied an ACLJ motion in November 2003 on behalf of the Schindlers to intervene in the case. The appeals court ruled that Judge Baird's order be reversed and sent the case back to him "for further proceedings."

"We look forward to another opportunity to convince the court that the Schindlers have a legal right to intervene in this case and that their desire to defend 'Terri's Law' meets the standards necessary for the court to grant intervention," said Sekulow. "We want to make the strongest arguments possible on behalf of the Schindlers in defending the constitutionality of 'Terri's Law.' To do that, it is imperative that the Schindlers be permitted to intervene in this case."

While the ACLJ did file an amicus brief on behalf of the Schindlers to ensure that their views would be heard during the appellate process, the ACLJ also made it clear in its brief that limiting the involvement in the Schindlers to the filing of the amicus brief "is certainly insufficient to protect the Schindlers' direct interest in the outcome of this case."

Terri's husband, Michael Schiavo, wants Terri's feeding and hydration tubes removed. He filed suit challenging the constitutionality of "Terri's Law" and has the support of the ACLU.

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, is representing Terri's parents in all other aspects of the Schiavo case.

The American Center for Law and Justice is an international public interest law firm specializing in constitutional law and the protection of human life. The ACLJ is based in Washington, D.C. and its web site address is www.aclj.org.

 
 
 
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About the Chief Counsel

Jay Alan Sekulow is Chief Counsel for the American Center for Law and Justice (ACLJ), an international public interest law firm and educational organization. He is also Chief Counsel of the European Center for Law and Justice (ECLJ). An accomplished and respected judicial advocate, Sekulow has presented oral argument before the Supreme Court in numerous cases in defense of constitutional freedoms. Sekulow serves as faculty member in the Office of Legal Education for the U.S. Department of Justice where he provides legal expertise to federal prosecutors on the issue of obscenity.

Two of the landmark cases argued by Sekulow before the Supreme Court have become part of the legal landscape in recent years in the area of religious liberty litigation. In the Mergens case, Sekulow cleared the way for public school students to form Bible clubs and religious organizations on their school campuses. In the Lamb's Chapel case, Sekulow defended the free speech rights of religious groups, ensuring that they be treated equally with respect to the use of public facilities.

A nationally recognized and respected defender of religious freedom, Sekulow has assembled one of the most prestigious public interest law firms in the nation. Founded in 1990, the American Center for Law and Justice specializes in Constitutional law. The ACLJ, under Sekulow's direction, is involved in public interest and public policy issues that threaten people of faith and the American family.

The National Law Journal has twice named Sekulow one of the "100 Most Influential Lawyers" in the United States. (1994, 1997) He is also among a distinguished group of attorneys known as "The Public Sector 45" named by The American Lawyer. (January/February 1997) The magazine said the designation represents "45 young lawyers outside the private sector whose vision and commitment are changing lives." Sekulow serves as a member of the Board of Trustees for The Supreme Court Historical Society in Washington, DC.

Sekulow brings insight and education to thousands of listeners daily with his national call-in radio program, Jay Sekulow Live , which is broadcast throughout the country on more than 500 radio stations. Sekulow is also a popular guest on nationally televised news programs on ABC, CBS, NBC, CNN, FOX, MSNBC, CNBC, and PBS. He frequently contributes articles and commentary to national publications and is often quoted in the nation's leading newspapers including USA Today, New York Times, Washington Post, and Washington Times.

A graduate of Mercer University, Sekulow graduated cum laude receiving both a bachelor's degree and doctor of jurisprudence from Mercer University where he served on the Mercer Law Review as an editorial staff member. He is the author of several publications and law articles.

United States Supreme Court Cases

Locke v. Davey, (2003). Sekulow served as lead counsel and presented oral arguments in a case involving the free exercise rights of a college student who was denied a state scholarship because he declared his major to be pastoral studies.

McConnell v. FEC (Campaign Finance Reform), (2003). Sekulow served as lead counsel and presented oral arguments on behalf of a group of minors who were prohibited from contributing to political campaigns. The Supreme Court unanimously held that minors cannot be prohibited from participating in political campaigns. The Court held that "minors enjoy the protection of the First Amendment."

Operation Rescue v. National Organization for Women, 537 U.S. 808, 123 S. Ct. 58 (2002). The Supreme Court determined that the Racketeer Influenced and Corrupt Organizations statute (RICO) ? a federal statute targeting drug dealers and organized crime ? could not be used against pro-life demonstrators. Jay Sekulow served as counsel of record for Operation Rescue in this case. The Supreme Court concluded that pro-life demonstrators were not racketeers engaged in extortion and that the RICO statute could not be used against them.

Santa Fe Independent School District v. Doe, 530 U.S. 290, 120 S. Ct. 2266 (2000). Sekulow served as lead counsel and presented oral arguments in a case involving the constitutionality of student-led prayer at high school sporting events.

Hill v. Colorado, 530 U.S. 703, 120 S. Ct. 2480 (2000). Sekulow served as lead counsel and presented oral arguments in a case that centered on a Colorado law that restricted free speech activity outside abortion clinics.

Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357, 117 S. Ct. 855 (1997). Sekulow served as lead counsel and presented oral arguments in a case that focused on the constitutionality of "floating" speech-free "bubble zones" around abortion clinics.

Lamb's Chapel v. Center Moriches School District, 508 U.S. 384, 113 S. Ct. 2141 (1993). Sekulow served as lead counsel and presented oral arguments in a case involving the equal treatment of religious organizations and their use of public school facilities after-hours.

Bray v. Alexandria Women's Health Clinic, 506 U.S. 263, 113 S. Ct. 753 (1993). Sekulow served as lead counsel and presented oral arguments in a case determining whether pro-life demonstrations could be regulated by the application of the Ku Klux Klan Act of 1871.

ISKCON and Brian Rumbaugh v. Walter Lee and The New York Port Authority, 505 U.S. 672, 112 S. Ct. 2711 (1992). Sekulow served as co-counsel in a case involving the constitutionality of distributing literature at airport terminals.

United States v. Kokinda, 497 U.S. 720, 110 S. Ct. 3115 (1990). Sekulow served as lead counsel and presented the oral arguments in a case involving the regulation of literature distribution and fund solicitation in public venues.

Board of Education of Westside Community Schools v. Mergens, 496 U.S. 226, 110 S. Ct. 2356 (1990). Sekulow served as lead counsel and presented the oral arguments in a case focusing on the constitutionality of the Equal Access Act involving the formation of Bible and prayer clubs on public school campuses.

Board of Airport Commissioners v. Jews for Jesus, 482 U.S. 569, 107 S. Ct. 2568 (1987). Sekulow served as lead counsel and presented oral arguments in a case involving the constitutionality of free speech activity including the distribution of religious literature at airport terminals.

 

Publications

Jay Sekulow, The Christian, The Court, and The Consitution, The American Center for Law and Justice (2000).

Jay Sekulow, Christian Rights in the Workplace, The American Center for Law and Justice (1997).

Jay Sekulow, Knowing Your Rights, (1993).

Jay Sekulow, And Nothing But the Truth (1996).

Jay Sekulow, From Intimidation to Victory, Creation House (1990).

 

 
 
Many more articles (200+) about and for Terri at: