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Schiavo's Case May Reshape American Law
NY TIMES ^ | 4/1/05 | SHERYL GAY STOLBERG

Posted on 04/01/2005 3:43:07 PM PST by paltz

wASHINGTON, March 31 - The life and death of Terri Schiavo - intensely public, highly polarizing and played out around the clock on the Internet and television- has become a touchstone in American culture. Rarely have the forces of politics, religion and medicine collided so spectacularly, and with such potential for lasting effect.

Ms. Schiavo, the profoundly incapacitated woman whose family split over whether she would have preferred to live or die, forced Americans into a national conversation about the end of life. Her case raised questions about the role of government in private family decisions.

But her legacy may be that she brought an intense dimension - the issue of death and dying - to the battle over what President Bush calls "the culture of life."

Nearly 30 years after the parents of another brain-damaged woman, Karen Ann Quinlan, injected the phrase "right to die" into the lexicon as they fought to unplug her respirator, Ms. Schiavo's case swung the pendulum in the other direction, pushing the debate toward what Wesley J. Smith, an author of books on bioethics, calls " the right to live."

"This is the counterrevolution," said Mr. Smith, who has been challenging what he calls the liberal assumptions of most bioethicists. "I have been frustrated at how difficult it is to bring the starkness of these issues into a bright public discussion. Schiavo did it."

Experts say that unlike the Quinlan case, which established the concept that families can prevail over the state in end-of-life decisions, the Schiavo case created no major legal precedents. But it could well lead to new laws. Already, some states are considering more restrictive end-of-life measures like preventing the withdrawal of a feeding tube without explicit written directions.

(Excerpt) Read more at nytimes.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: allterriallthetime; anotherterrithread; enoughalready; giveitarest; shesaliveinchristjim; shesdeadjim; terripalooza
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1 posted on 04/01/2005 3:43:08 PM PST by paltz
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To: paltz

Dehydration and starvation are cruel and unusual.


2 posted on 04/01/2005 3:48:16 PM PST by TASMANIANRED (I helped a soldier today.)
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To: TASMANIANRED
The life and MURDER of Terri Schiavo was engineered by a JUDGE,
as a Judge owned and operated by the New York Times in Massachusetts.

Be afraid, America. Be very afraid.

3 posted on 04/01/2005 3:50:15 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: Diogenesis
"I have been frustrated at how difficult it is to bring the starkness of these issues into a bright public discussion. Schiavo did it."

The laws of every state in the Union allow people to be killed as Terri was. That must change.

4 posted on 04/01/2005 3:53:03 PM PST by TheDon (Euthanasia is an atrocity.)
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To: TheDon
Wrong. The law does not allow murder except in Florida.

The law does not allow murder by starvation except in Florida.

The law does not allow murder by torture except in Florida.

5 posted on 04/01/2005 3:57:42 PM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: TheDon

How would you recommend amending existing laws to prevent a case like this, but still retain the right of an individual to refuse medical procedures (if you believe that individuals do have that right, of course)? I've been contemplating this issue, and it strikes me as difficult to write a law that would cover this case without being too broad. I may be approaching it from the wrong angle, though, so a different perspective on how to craft such a law would be welcome.


6 posted on 04/01/2005 4:00:07 PM PST by gcampbell
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To: paltz

The New York Times is terrified that Terri's murder might cut back on their precious abortion rights.


7 posted on 04/01/2005 4:00:49 PM PST by Cicero (Marcus Tullius)
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To: paltz

On Fox News the point was made (I think by the guy taking Brit Hume's place) that some are beginning to think that the polling gave an inaccurate impression that the majority favored Terri's death by dehydration.

In my opinion, pollsters have NO idea what Americans think of this episode...they'll ask questions designed to get a particular answer, but they fear finding out what Americans (whether or not they have an advance directive, a DNR, a living will) REALLY think of those who directed that an innocent, inconvenient woman die from lack of water.


8 posted on 04/01/2005 4:01:00 PM PST by Judith Anne (Thank you St. Jude for favors granted.)
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To: Diogenesis

The democrat final solution to the Social Security crisis.


9 posted on 04/01/2005 4:01:53 PM PST by TASMANIANRED (I helped a soldier today.)
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To: Diogenesis

10 posted on 04/01/2005 4:03:27 PM PST by TASMANIANRED (I helped a soldier today.)
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To: Diogenesis
California Law Allowing Euthanasia

Read it and weep. These laws must be changed!

11 posted on 04/01/2005 4:06:58 PM PST by TheDon (Euthanasia is an atrocity.)
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To: gcampbell
You stated the answer yourself: If a patient refuses medical care, that should be the end of the story. Terri was in no position to refuse anything; it was only the based on Mr. Shiavo's word that she said that was what she wanted, and even that wasn't stated until seven years after she was injured, quite coincidentally after the monetary award was granted, and when a financial conflict of interest on his part, arose.
12 posted on 04/01/2005 4:07:33 PM PST by coloradan (Hence, etc.)
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To: gcampbell

Simply remove nutrition and hydration as being part of a medical procedure that can be stopped. Euthanasia is evil and should not be allowed.


13 posted on 04/01/2005 4:08:46 PM PST by TheDon (Euthanasia is an atrocity.)
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To: gcampbell
it strikes me as difficult to write a law that would cover this case without being too broad.

Make it the crime of attempted murder to withhold food or water unless the individual either had (1) a living will to that effect or (2) a durable power of attorney authorizing someone else to make the decision. If the person dies, make it a capital murder offense subject to the death penalty for all involved, both private citizens and government officials.

14 posted on 04/01/2005 4:10:51 PM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: paltz

yet again the NYT is behind the curve with the admission that the Schiavo case WILL change law.


15 posted on 04/01/2005 4:11:01 PM PST by longtermmemmory (VOTE!)
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To: Diogenesis

Amen!!!!!


16 posted on 04/01/2005 4:12:51 PM PST by pollywog (Psalm 121;1 I Lift my eyes to the hills from whence cometh my help.)
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To: paltz
Was it the 14th amendment that guarenteed due process before the government could take a life? It needs to be changed so that the government can take a life only after DUE PROCESS OF LAW HAS DETERMINED THE PERSON IS GUILTY OF A CRIME PUNISHABLE BY DEATH.
17 posted on 04/01/2005 4:15:58 PM PST by eccentric (a.k.a. baldwidow)
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To: Diogenesis; TASMANIANRED; paltz; TheDon
Can someone explain something to me: Florida law 765, which apparently allows the killing through starvation of a person with PVS....how can this law possibly be constitutional under the US Constitution. This Florida law clearly violates the equal protection clause of the US Constitution. It seems like all the litigation in this case was around the special Terri's Law passed in Florida and the special law passed in Congress two weekends ago. But as far as I know, nobody has challenged the constitutionality of Florida Law 765. I don't understand their legal approach to saving Terri. It seems to me that Florida Law 765 should have been thrown out as unconstitutional by the Federal courts and that should have been the end of this case. Any ideas would be appreciated.
18 posted on 04/01/2005 4:17:09 PM PST by defenderSD (Suddenly the raven on Scalia's shoulder stirred and spoke. Quoth the raven...."Nevergore.")
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To: paltz

"Already, some states are considering more restrictive end-of-life measures like preventing the withdrawal of a feeding tube without explicit written directions." Did anyone ever prove beyond a reasonable doubt (and that is the standard with an execution ruling by a court, except in Greer's court) that Terri wanted to die is disabled? [I didn't think so ... ]


19 posted on 04/01/2005 4:20:14 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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"is disabled" should read 'if disabled?'


20 posted on 04/01/2005 4:21:10 PM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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