Straight Up with Sherri

Tuesday, March 22, 2005

ACLJ asking Federal Appeals Court in Atlanta to Restore Feeding Tube for Terri Schiavo Without Delay

ACLJ asking Federal Appeals Court in Atlanta to Restore Feeding Tube for Terri Schiavo Without Delay


March 22, 2005

(Washington, DC) - The American Center for Law and Justice (ACLJ), which specializes in constitutional law, today is filing an amicus brief on behalf of Rep. Dave Weldon (R-FL) – one of the chief sponsors of Terri’s Law – urging the appeals court to restore the feeding tube to Terri Schiavo. The U.S. Court of Appeals for the Eleventh Circuit is considering the Schiavo matter after a federal district court in Tampa rejected Terri’s parents request to have the feeding tube reinserted.

“This is on a fast track ultimately headed for the Supreme Court of the United States,” said Jay Sekulow, Chief Counsel of the ACLJ, which represented Mary and Robert Schindler – Terri’s parents – at the Supreme Court in their efforts to defend the previous Florida legislation that was declared unconstitutional. “We are asking the federal appeals court to issue a stay and restore Terri’s feeding tube while the constitutional issues surrounding the enactment of Terri’s Law can be litigated. The appeals court should do what the federal district court failed to do – give Terri nutrition and hydration while the federal judiciary complies with an act of Congress – a law that calls for the federal judiciary to review her case. Every minute that passes brings Terri closer to death by starvation. The appeals court must step in now and restore her feeding tube.”

The ACLJ is filing its brief with the federal appeals court on behalf of itself and Congressman Weldon. The brief argues: “To delay is to sentence Terri to an inhumane death. An injunction can always be reversed. But this Court has no power to resurrect the dead . . . This court should grant immediate relief, restoring food and fluids to Terri Schiavo.”

The brief asserts that “if she were a cat or dog, her death by starvation and dehydration would not be tolerated.” The brief adds that “if she were a convicted felon, her death by starvation and dehydration would not be tolerated.”

2 Comments:

  • Hugh Hewitt has an excellent piece on why Judge Whittlemore applied inappropriate standards to deny injunctive relief. He argues persuasively that the proper standard is the one from the Endangered Species Ace and that Terri should get the same efforts to avoid all harm given to the Tennessee Snail Darter and to Munzi's onion.

    By Blogger levi from queens, at 2:44 PM  

  • You gotta scroll up a few posts from where levi has linked.

    By Anonymous Anonymous, at 3:18 PM  

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