Posted on 03/28/2005 11:01:48 AM PST by marshmallow
Mar. 25 (CWNews.com) - The treatment of Terri Schiavo has emerged as a major watershed in the drive toward euthanasia in the US. If I were an enthusiastic proponent of "the right to die," I would not be comfortable with this test case.
There are times when it really is not clear when respirator should be disconnected-- times when it is difficult to know whether or not a beloved relative should be allowed to die in peace. This is not one of those cases.
Terri Schiavo was not close to death-- until her feeding tube was disconnected. She was not, apparently, in pain. She was not "brain dead" by any definition of that slippery term. She was not being kept alive by extraordinary means. Her death would be caused not by the suspension of medical treatment, but by starvation and dehydration.
From a non-medical perspective, it was all too clear that Michael Schiavo has incentives for seeking his wife's early death. He stood to gain a substantial financial inheritance, and freedom to marry the woman with whom he has conducted a lengthy affair. His implacable hostility toward his wife's parents showed all too clearly that he was on a personal crusade to end Terri's life. And those parents, Robert and Mary Schindler, were clear and outspoken in their insistence that Terri wanted to live.
No, this was not a good test case for the "right to die" movement. And yet the advocates of euthanasia have chosen to take a stand in this case, and thrown their full support behind Michael Schiavo. Why?
There are two answers to that question, I think. First, the "right to die" movement is seizing an unexpected opportunity. Second, the pro-life movement has been betrayed-- yet again-- by its political allies.
1) A careful political strategist, plotting a campaign for euthanasia, might have planned a series of test cases, beginning with "hard cases" (a patient who is in chronic severe pain, and terminally ill), and moving gradually forward as public acceptance increased. But with the Schiavo case, the "right to die" movement recognized the opportunity to skip over several intermediary steps, to score a major legal and political coup. If the courts would authorize the starvation of this woman, and if the public would accept it, the entire debate would shift in favor of euthanasia. If Terri Schiavo can be starved to death simply because her life has been judged burdensome, then every person who is disabled, retarded, or senile becomes a candidate for similar treatment. The key precedent will have been set; the principled opposition to "mercy killing" will be thoroughly undermined.
2) But why did the "right to die" movement perceive this enormous opportunity? Because as the Schiavo case developed, they encountered so little determined resistance. The courts sided with Michael Schiavo, and the people's elected representatives-- both in Florida and in Washington-- grudgingly acquiesced.
When they were presented with a judicial fait accompli, legislators could have begun impeachment proceedings to remove the judges who had produced these outrageous decisions. Executives could have intervened directly to save Terri Schiavo's life, claiming their authority to defend citizens from imminent danger. (As I write, there is still a flickering hope that Governor Bush will take that step.) Instead, fearful of avoiding a constitutional confrontation, both the legislative and executive branches announced that they would abide by the court's decisions.
Notice that both in Florida and in Washington, most elected officials (at least, most of those who had the courage to cast a vote) were inclined to help Terri Schiavo. But they were not willing to pay the price of intervention. A generation ago, the federal government summoned the political will to send federal troops into Mississippi, to integrate schools there, in a direct confrontation with state officials. On this occasion, our government has shown that it lacks the will to save an innocent citizen from a court-approved killing.
If Terri Schiavo dies, countless thousands of other Americans are instantly imperiled. And if that happens, it will be because the American forces of "culture of death" showed more political resolve than the pro-life movement.
The words of William Butler Yeats echo in my mind:
Mere anarchy is loosed upon the world,
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.
I have never said anything negative about President Bush.
If you can prove otherwise, please, feel free to do so.
I was responding to a statement made by a poster. To wit:
TERRI IS DEAD.
My only reference was to that poster, no one else.
Well, except for the sworn affidavits of the nurses.
You make it easy to see why you agree with putting Terri away.
Not necessarily. As it is now, that would be a definite possibility. But as with every other power the national government has taken upon itself, this power would also logically be expanded. If this power were given to the national government, I could easily see a politician sponsoring a bill one day defining the point between life and death. And because Republicans condoned the first positive action preventing a family from carrying out questionable instructions, they wouldn't have a leg to stand on in the argument
No, no matter how despicable the husband may be, I feel safer for myself and my family if the national government does not get involved again
That is not the only issue on the table.
The issues are many, but to keep it simple...
Is Terri PVS and should PVS be in the law under the NOT AWARE statute that allows death by dehydration and starvation?
Do we have other laws that allow killing the elderly when they really aren't TERMINALLY ILL?
Was there criminal or manslaughter evidence in what happened to Terri, and why was the evidence withheld by the Judge and the DCF?
Michael may not have caused Terri's collapse. It is evident from his testimony he did nothing about it for around an hour to an hour and a half. Negligent Homicide?
Stop acting like Pontius Pilot.
Good enough. At least you will stick in and defend the eventual outcome. That takes courage.
I am more concerned with long term ramifications for opening a power of this magnitude to the national government
who is safe? People NOT brain dead for one
Felos - BOD of HOSPICE
Judge Greer's wife - BOD of HOSPICE. Judge Greer's close friends and business acqaintences, BOD HOSPICE.
Judge Greer, aided by Felos, changed the Florida Statutes to fit Terri's condition.
Ten years later Jeb Bush tries to do the same thing, and Greer and Felos call it 'unconstitutional'. Please defend that hypocrasy, if you can.
I noticed you kept singling out the federal government in your post, without mentioning the state government. I understand the dangers inherent in the federal government getting involved in anything, and I can even sympathize with the view the state government needs to think twice before doing anything rash. In the current FR poll, I voted "no change in respect, but he should have defied Greer", but now I'm not so sure if that's the right solution. It seems to me that if the law needs to be broken, it should be broken by the people themselves, not by those charged with enforcing it. It certainly makes things considerably more difficult, but I think it's a necessary difficulty for the safety of the rest of us.
But that doesn't mean that I think it's remotely a good idea that this woman's adulterous husband is calling the shots for her. The law definitely needs to be changed, but more seriously, the law, as is the case from time to time, doesn't deserve to be respected. Everything about this is so utterly barbaric that it scarcely deserves to be dignified with the name "law".
But a power of this magnitude is being wielded by a county Judge. And he has disobeyed a federal subpeona.
Terri is later to court for her appearance than Michael Jackson was.
http://abstractappeal.com/schiavo/HouseSubpoenas.pdf
Because I have no problem with the state government getting involved. Madison was clear on that issue and Scalia agrees with him. Haven't seen Thomas' stance but I imagine he would agree with Scalia.
If Florida wants to muck around with their state laws and constitution, that's the business of the state of Florida. But my stance still is that the family should make the decision. Yes, you will have instances where the wrong family member makes the decision but I'd take that chance compared to some politician making a standard one day in the future that should be followed regardless of the family's position
I apologize for the Pontius Pilate remark.
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