Scorning the Courts in Florida (NY Times backs killing Schiavo)

NY Times ^ | 10/23/03 | Editorial Board

[Callahan]

Drawing the line between life and death is one of society's most challenging tasks. Florida's courts discharged that duty admirably when they ruled that Terri Schiavo, who has been in a vegetative state for 13 years, should be allowed to die. But the State Legislature and Gov. Jeb Bush have mocked the courts' careful deliberations and embarked on a ghoulish medical journey by directing that her feeding resume. The courts should reaffirm Ms. Schiavo's right to die in peace.

Ms. Schiavo, who collapsed and suffered cardiac arrest in 1990, has major and permanent brain damage. Michael Schiavo, her husband and legal guardian, went to court seeking to cut off the feeding tube that was keeping her alive. He testified that Ms. Schiavo, who did not have a living will, would not have wanted the feeding to continue. But Ms. Schiavo's parents still hold out hope for her recovery and have bitterly fought his efforts.

The Florida courts approached the matter with the gravity it deserves. The key legal question, as the Supreme Court recognized in a landmark 1990 case, was whether Ms. Schiavo would want to be kept alive if her views could be known. The Florida courts found clear and convincing evidence that she would want the life-prolonging measures stopped.

The Florida Legislature, prodded by the religious right, hastily passed a law authorizing the governor to order the feeding of patients in a vegetative state who lacked living wills. Governor Bush signed the law, so six days after Ms. Schiavo had stopped getting food and water, she was again receiving fluids and nourishment yesterday.

The new law infringes the right to die that the Supreme Court recognized in 1990. The supporters of the new Florida law invoke society's interest in ensuring respect for life. But that interest does not equate with prolonging bodily functions as long as possible. True respect for life includes recognizing not just when it exists, but when it ceases to be meaningful. And, as the courts have correctly concluded, it means basing the ultimate decision on the wishes, as best they can be determined, of the individual whose life is at issue.

[Callahan]

Even if think Terry Schiavo's parents are sadly deluding themselves about her condition (I tend to believe her reactions have more to do with motor reflex than awareness) this op-ed should creep you out. Reeks of Kevorki-mania.

[goldstategop]

Liberals are all for the courts to back killing on demand. At least they're consistent on the issue of Life.

[dep]

if terri is a candidate for death due to her condition, as the times editorial board seems to think, we'd better summon dr. kevorkian to west 43rd street, because the brain-dead times editorial board is overdue.

dep

[VRWCmember]

And, as the courts have correctly concluded, it means basing the ultimate decision on the wishes, as best they can be determined, of the individual whose life is at issue.

And the courts in this case did so without appointing an ad litem attorney to represent the interest of the individual, relying instead on a husband who has been shacking up with some other bimbo while his wife is in this condition and has refused to allow any rehabilitative therapy after winning a huge financial judgment in the case that was based on the costs of therapy she would require.

If one set of doctors, paid for by the husband who has a financial and personal stake in ending her life, say she is in a vegetative state while another set of doctors insists she is NOT in a vegetative state, then she should certainly get the benefit of the doubt rather than being summarily starved to death.

[Lee Heggy]

The NY Times has been in a vegetative state for far longer than Terry. I'm all for pulling out their feeding tube.

[rhombus]

Aren't they saying (in Democratic fashion) Don't trust the elected legislature, rather put your trust in appointed judges? Hmmm, sounds like Election 2000 when the judiciary tried to "steal the election".

[Agnes Heep]

She wasn't being "allowed to die." She was being actively killed. You can't honor a person's request to be actively killed, even if they explicitly request it. That's murder.

[livius]

Frankly, the Florida courts were nothing but an example of a run-wild judiciary with an agenda and a bench full of conflicts of interest. Judge Greer refused to appoint a guardian other than the husband, whose attorney was a pro-death activist and former chairman of the board of that private "hospice." Judge Greer's wife had also been on the board of that same "hospice."

The husband used none of the money earmarked for therapy for that purpose, something easily determined by the fact that he specifically forbade therapy after getting his hands on the money. Calls for the investigation of this were, needless to say, ignored.

At one point earlier in the case, a guardian ad litem was appointed, and recommended against discontinuing food and water. Judge Greer's response? He got rid of the guardian and went back to hubby. He, Felos and Michael Schiavo were determined to see her die.

[ysoitanly]

This article sucks. It's a thinly-veiled 'scolding' of the great unwashed to dare challenge the politicians and our increasingly tyrannical judiciary system. They only covered it with a whiny 'for the children'-type sympathy/empathy piece about somebody's supposed choice to die, whether they know the facts or not.

[madprof98]

True respect for life includes recognizing not just when it exists, but when it ceases to be meaningful.

Ceases to be meaningful, eh? Like the Times editorial page did long, long ago.

[LPM1888]

If one set of doctors, paid for by the husband who has a financial and personal stake in ending her life, say she is in a vegetative state while another set of doctors insists she is NOT in a vegetative state, then she should certainly get the benefit of the doubt rather than being summarily starved to death.

A Court appointed Doctor who was impartial to either side examined her, performed CAT scans etc. and found her to be in a persistent vegetative state that was irreversible.

[NebraskaTrailrider]

"True respect for life includes recognizing not just when it exists, but when it ceases to be meaningful."

PIG SLOP

[sarasota]

That line was as good as your tag line! LOL

[goldstategop]

That may be the case. But we don't kill a human being just cause they can't articulate a thought. We're created in God's own image. A very dear friend of mine who was disabled to the point of being dependent on an oxygen mask to breathe and who towards the end of her life had to be on dialysis up to 15 hours a day may not have had the life she deserved. But I can tell you she lived every day to the fullest and taught me how precious human life is. I was greatly saddened when she passed away earlier this year. So the worth of a human being doesn't reside in how "perfect" they are but in how they live their lives. And even people can't do much due to circumstances beyond their control are the most courageous and lovely people around and they inspire us. Now the New York Times may not care about all that, focusing strictly on the dollars and cents issue, but for those of us who've known someone who couldn't take full advantage of life, they still live on in our hearts. When all is said done, that's what matters, how people like my friend and Terri Shiavo are remembered.

[sarasota]

"ceases to be meaningful"? Let's let God decide and pull the plug according to his laws, not man's.

[hobbes1]

And the courts in this case did so without appointing an ad litem attorney

Actually there had been an Ad Litem, But The Husband, and Judge Greer didnt like what he said (keep her alive) and so Greer ignored and dismised him.

[B Knotts]

The liberals at the Times prove once again that they are the ideological descendants of Josef Mengele.

[glennaro]

Liberals are all for the courts to back killing on demand. At least they're consistent on the issue of Life.

Except, of course, when it comes to executing murderers ... then liberals fight like wildcats to preserve the life of the evil-doer.

[johnb838]

Yeah, and babies can't feel pain. And if someone overheats you shouldn't give them water. What are some more of the good old wives tales that I remember from childhood that have turned out to be garbage. Maybe EVERYTHING the medical community has ever said about nutrition?

These people aren't gods. Don't let them con you that they are. They have no idea what goes on in her brain.

[johnb838]

whiny 'for the children'-type sympathy/empathy piece

That's the scariest part. They bamboozle so many with their sickening syrupy sweet "Just drink the kool-aid. Everything will be all-right".