For more information: Diane Coleman (708)209-1500

Disability Advocates Saddened By U.S. Supreme Court Refusal To Hear Schiavo Case

Jan. 24, 2005 -- Disability advocates are disappointed but not surprised that the U.S. Supreme Court has refused to grant Terri Schiavo her day in their court. "It was all about the technicalities of constitutional law pertaining to the branches of government," said Not Dead Yet President Diane Coleman, "and not about Terri Schiavo's constitutional right to due process. We wanted the Court to look deeper, but are not surprised that they didn't."

The remaining disputes involve state court issues that need a genuine hearing. One dispute involves who should be Terri Schiavo's guardian? The estranged husband with the questionable pre-injury marital relationship, who has moved on, with a new partner and their two children, but still pushes to starve Terri to death? Or the parents and siblings who visit regularly and want to take care of Terri? "Should the statutory presumption that the spouse is the best guardian be irrebuttable?" says Coleman, "Or should the facts and real relationships be considered?"

Florida courts have failed to grant Terri Schiavo anything resembling due process, observing the forms but not the substance of law and justice. Who should be her guardian? Is she in a persistent vegetative state? What would her wishes have been about removing food and water if she were otherwise, as she is, in good health?

To disability advocates, the answers seem clear. The guardian should be someone who cares about their ward, wants to be with her, has even made obvious personal sacrifices to protect her ñ her parents and siblings, not her husband who has left her behind and worked to ensure her death. It's also clear that Teri Schiavo is not in a persistent vegetative state under Florida law, which requires NO EVIDENCE of responsiveness, a standard even the pro-PVS doctors admitted was not met. And then there's the evidence of Terri's wishes. (For an analysis, see Not Dead Yet's letter to the Florida ACLU.) There is no credible evidence that Terri Schiavo would have rejected food and water. What is clearest of all is her will to live, her indomitable spirit, and her capacity to love and be loved by the family she grew up with.

"It's time that Florida authorities appoint a guardian who sees her as she is," Coleman says, "a vital disabled woman worthy of the equal protection of the law."