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Sunday, March 27, 2005
After Terri: Death By Imperfection?

By the time you read this, Terri Schindler Schiavo will most likely be dead. Pro-death Liberals and Deathocrats will be dancing in the streets (figuratively speaking), celebrating their great victory over the religious right (and President Bush) in the judicially-sanctioned killing of a brain-damaged woman. The only thing missing will be the AK-47s, since most of the same Liberals are anti-gun. I wonder, though, about the implications of this event, and where it will take us next.

One result of Terri Schiavo's ordeal has been to prove the unassailable supremacy of the judiciary over the other two branches of government, at both the state and federal level. The legislative and executive branches are each, in theory, equal to the judiciary. On paper, each branch has checks and balances to prevent the other two from becoming too powerful. Many of those on the Right have had their warnings about the increasing power of judicial activists ignored for years. This case has proven beyond a reasonable doubt (to borrow a phrase) that the executive and legislative branches of government combined are powerless to affect decisions made by the judiciary.

Congress even passed a law requiring that the Schiavo case receive a fresh look at the federal level, since there were questions about violations of Terri's Constitutional rights. The Fifth Amendment to the US Constitution states, "No person shall be... deprived of life, liberty, or property, without due process of law." The Fourteenth Amendment reinforces this at the state level, adding that no state shall "deny to any person within its jurisdiction the equal protection of the laws." When the State takes a life, it is obligated to be as certain as possible of its findings -- and there are too many questions concerning the Schiavo case to simply ignore.

This law might have become a precedent for bringing other disputed cases to the federal courts. But the action of the federal court mirrored those of the Florida court system. Instead of actually reviewing the evidence and testimony, perhaps calling for new tests to determine Terri's true condition, US District Judge James Whittmore simply checked the original court records to see whether proper procedures had been followed. He adhered to the letter but not the intent of the law. In other words, the merits of the original case have never been reviewed, nor have the original medical findings... only the legal procedures. This despite the fact that Terri has never had a PET scan or MRI, nor a lawyer representing her. There is no way to regulate the power of the courts when no one has jurisdiction over them.

The Liberal advocacy of death for the unwanted and unfit has reached a new low with the Schiavo case. It's hard to understand their mania for death, until we consider the fact that they also believe the government should pay for all health care. Liberals have always advocated national health care (or socialised medicine) as the acme of medical guardianship, despite complaints of long waits and endless bureaucracy from countries that have it. It's not too hard to imagine a future in which national health care is a reality, and Liberals justify the deaths of unwanted children and adults who are disabled, deformed, mentally deficient or terminally ill on the grounds that they cost the government too much money to take care of.

In fact, we don't have to imagine it at all. The T-4 Euthanasia program ran along those very same lines in Nazi Germany. Under Phillipp Bouhler (head of the Fuehrer Chancellery) and Dr. Viktor Brack, Hitler's euthanasia program killed approximately 270,000 people. The original order, signed in 1939, gave them the power to "decide whether those who have -- as far as can be humanly determined -- incurable illnesses can, after the most careful evaluation, be granted a mercy death." Handicapped children were given lethal injections or starved to death. Other victims were gassed to death or simply shot.

How did the Nazis justify their wholesale murder of those they considered "unfit" to live? One propaganda poster showing a mental patient had a caption saying, "This person suffering from hereditary defects costs the people 60,000 Reichmarks during his lifetime. People, that is your money." Under the national health system of Nazi Germany, it was easy to justify killing the imperfect on the grounds that they cost the State money in the form of medical care -- money that could be better used for education, to alleviate poverty or to create jobs, some would argue.

This person suffering from hereditary defects costs the people 60,000 Reichmarks during his lifetime

That sort of thing could never happen today, could it? Consider the British case in which two doctors performed a late-term abortion on a baby whose only defect was that it had a cleft palate -- a condition that can be corrected by surgery. The CPS (Crown Prosecution Service) decided not to prosecute the case because the abortion was performed "in good faith" by doctors who believed the child would be handicapped for life. A handicapped child would have required government medical care to live or to have the condition corrected. When you've absorbed that, consider the Liberal support for abortion, euthanasia for the disabled and handicapped, the "right to die" movement, and now their celebration of the state-sanctioned starvation of a woman who had a below-standard "quality of life."

That's the direction in which we're headed, if something is not done to prevent it. The default position of the courts as well as doctors should always be to preserve innocent life without a good reason to end it. Hearsay evidence from a "husband" who violated his marriage vows and suddenly remembered the patient's wishes years after the fact should never be a good enough reason to take a life. Yet in this case, it was. What will come next?

Hat tip to HundredPercenter for the collection of DU posts about Terri.

Posted at Sunday, March 27, 2005 by CavalierX

David L Groves
March 27, 2005   01:34 PM PST
 
If you that wished to see Terri die, know any Jew that survived the Nazi Death Camps, ask them if it is painless to die of starvation.
beaverette
March 27, 2005   02:03 PM PST
 
If she was an arab muslim every single lefty would fight to death to keep her alive, but she is just an american , and we know what leftys think of americans...
skye
March 28, 2005   01:01 PM PST
 


She is Catholic so of course she MUST die! Remember, the lefty's blame the defeat of hanoi john this past election on "Jesus Freaks". Terri's death is payback for the election loss.
JM
March 28, 2005   01:20 PM PST
 
>Terri's death is payback for the
>election loss.

Truer words were never spoken... or written. Check this pic; if you can't, I'll upload it to where you can:
http://www.miami.com/images/miami/miamiherald/11194/125307672308.jpg
Lisa
March 29, 2005   06:23 PM PST
 
The Supreme Ct heard a case such as this in Cruzan v. Director, Missouri Dept. of Health (www.oyez.org). In this case the woman's parents wanted to remove the feeding tube and the state would not allow it because of a statute that required clear evidence that she would not have wanted the feeding tube. The Ct found that because the state had an interest in saving human life then the statute was upheld and the following rule was established:
where the patient is incompetent, the state MAY constitutionally refuse to allow these medical procedures to be terminated except where there is "clear and convincing evidence" that this is what the patient would have wanted.
What this means is that a state can request very high evidence of a person's wishes in order to stop life saving procedures, such as a living will, but a state can also require a lower standard of evidence. The FL statute may be low and only require the word and signature of her husband, thus making the removal of a feeding tube very legal. I don't necessarily agree with what they are doing, but I do know that a person in a vegetative state cannot feel the pain of the dehydration (which is what will kill her before the starvation). So to ask a Holocaust survivor what it felt like to compare it to Terri Schiavo is not an accurate comparison. I also do not believe that liberals would kill a person just to make a point to stick it to Bush, just as a conservative wouldn't kill someone to stick it to Kerry. I believe that had she wanted this she should have had a living will, as we all should, but for the legislature to decide what my family does for the betterment (in some cases death is better off) of my life is an invasion of privacy and an infringement on one of my fundamental rights.
JM
March 29, 2005   06:56 PM PST
 
Lisa, there's a BIG difference between clear written instructions and, "oh, by the way, your Honor, I suddenly remembered that my wife -- not the woman I'm living with, the one I'm married to -- said she wanted to starve to death if she ever had to be fed through a tube. Yeah, I know it's been eight years since I put her on the tube, but you know how these things slip the mind. Oh, thanks for that fat settlement check, too. I know I promised to use it for her health care, but I changed my mind -- I'm giving it to a pro-death lawyer to convince you to let me kill Terri. By the way, here's a campaign contribution from my lawyer's firm."
JM
March 29, 2005   06:57 PM PST
 
>also do not believe that liberals
>would kill a person just to make a
>point to stick it to Bush

Please check out the picture I referred Skye to above.
JM
March 29, 2005   07:10 PM PST
 
>I do know that a person in a
>vegetative state cannot feel the
>pain of the dehydration

Why the morphine, then?
Friend of USA
March 29, 2005   08:50 PM PST
 

I'm not saying I know the answer but just because she can not tell us what she feels , that does not mean she can not feel.



Sundown
March 30, 2005   03:20 PM PST
 
Which "pro-death liberals" are you referring to?

Like Ralph Nader, Jesse Jackson, and Kent Conrad, all of whom favor keeping Mrs. Schiavo alive?

Or far leftwingers like Bob Barr who don't?
Susan
March 30, 2005   05:15 PM PST
 
I do not understand the full-on assault on the judiciary! We are conservatives - we are supposed to believe in cornrestone principles of federalism and separation of powers. What the Congress and President did last week was violate both of these principles: they violated the principle of federalism by doing the work of the state judiciary and legislature and violated the principle of separation of powers by infringing on the Constitutional duties of the federal judiciary. Furthermore, conservatives traditionally advocate small, less-intrusive government. Nevertheless, it is the conservatives who have advocated the most intrusive step of the government to date - to infringe on the privity between a husband and wife in making decisions regarding medical care.

For whatever reasons, the right has chosen to scapegoat the judiciary for failing to 'save' Schivo. Their argument is essentially that the federal district court followed the letter of the 11th hour statute but not the spirit of it. I have never heard of anything so ridiculous. The statute required the district court to conduct a de novo review of the state court preceding - meaning that they were only required to read the record and ensure that the state court had interpreted the law correctly, not conduct any additional fact-finding! Congress did not intend for the district court to conduct another trial! Furthermore, Congress did not intend to stay the removal of the feeding tube through its legislation since it did not require such in the text of the statute. The Congress was not so stupid as to expect a substantive result from a procedural statute. Therefore, the federal judiciary followed both the text and the spirit of the statute but examining the ruling of the state court and finding no manifest error in its decision.

On whatever side of this issue you fall, it is naive and stupid to argue that the federal district court openly chose to go against the Congress in this matter.
JM
March 30, 2005   07:14 PM PST
 
>Which "pro-death liberals" are you
>referring to?
>
>Like Ralph Nader, Jesse Jackson,
>and Kent Conrad, all of whom
>favor keeping Mrs. Schiavo alive?

Obviously, they're not the pro-death Liberals, are they?
JM
March 30, 2005   07:24 PM PST
 
>We are conservatives - we are
>supposed to believe in
>cornrestone principles of
>federalism and separation of
>powers.

We are also supposed to believe in the checks and balances that keep any one branch from becoming a dictatorship, as Thomas Jefferson warned.

>What the Congress and President
>did last week was violate both of
>these principles

It's the responsibility of the federal government to intervene to protect the Constitutional rights of any citizen who has his or hers violated by a state. That's what they -- and I -- believe happened.

>infringe on the privity between a
>husband and wife in making
>decisions regarding medical care.

However, that so-called "right to privacy" was already gone when Michael went to court to ask for permission to kill his wife. As for his status as husband... the court should have removed him as unfit to be Terri's guardian.

>The statute required the district
>court to conduct a de novo review
>of the state court preceding -
>meaning that they were only
>required to read the record and
>ensure that the state court had
>interpreted the law correctly, not
>conduct any additional fact-finding!

Do you think that Congress passed that bill because they didn't think the proper procedures had been followed, or because they thought a new review of the entire case should be necessary before sentencing Terri to die on hearsay evidence?

>Furthermore, Congress did not
>intend to stay the removal of the
>feeding tube through its legislation
>since it did not require such in the
>text of the statute.

That's Congress' fault for assuming that the judge was unbiased. A neutral judge would have ordered the tube reinserted while a full de novo review of the case was conducted.

>it is naive and stupid to argue that
>the federal district court openly
>chose to go against the Congress
>in this matter

Neverthless, that's what happened.
JM
March 30, 2005   09:17 PM PST
 
One more thing about Congress' intent... on his excellent article in the Village Voice (yes, THAT Village Voice), Nat Hentoff recalls the words of Senate Majority Leader Bill Frist:

During a speech on the Senate floor on March 17, Frist, speaking of Judge Greer's denial of a request for new testing and examinations of Terri, said reasonably, "I would think you would want a complete neurological exam" before determining she must die.
mescalero
March 31, 2005   12:44 AM PST
 
The only thing missing, people, is the Zyclon-B perfected by the Nazis. In the end, the judiciary is going to suffer the most from this case.

As a right-to-death-if-the-circumstances-warrant-believer, I want a total accounting of this God-awful affair by that horribly biased idiot of a judge William Greer. From what I've seen so far, he ain't going to survive the inquiry!
Shoe
March 31, 2005   09:44 AM PST
 
Regardless of anyone's opinions on the matter, this is and should be the sole decision of Terri's husband. For fifteen years, her parents continued to go about their normal lives, free of any guilt their actions might bring because they had the comforting illusion that their daughter was somehow still alive. However, Terri has been a vegetable for fifteen long years. Anything that was going to happen to improve her condition would have happened by now. There is much to be said for her husband's plea to let his wife die with dignity; it is doubtful that Terri or anyone else would have wanted to see any human being linger so long in such a hopeless condition. Now the lawyers on both sides are calling the whole thing a fight over money. The only truly humane thing to do is to just let go of poor Terri, stop using her plight as a soapbox, and move on with life, for the sake of all concerned.
Name
March 31, 2005   02:58 PM PST
 
Too late. Judicial murder has occurred. Now we are a nation that sentences helpless disabled people to die on mere hearsay evidence from spouses who have abandoned them. God help us.
Name
March 31, 2005   09:26 PM PST
 
She didn't starve to death, she dehydrated.
JM
April 1, 2005   03:52 AM PST
 
>she dehydrated

That's technically true. However, causing someone to die of thirst is such a horrible and rare thing to do that we don't even have a verb for it in English, so I used "starve." Think about that.
JM
April 1, 2005   03:57 AM PST
 
>should be the sole decision of
>Terri's husband

Who ceased being her husband when he committed adultery by moving in with another woman and fathering two children by her. Not that I blame him, but the court should have removed him as guardian if he didn't surrender the responsibility himself.

>Terri has been a vegetable

Not true.

>Anything that was going to
>happen to improve her condition
>would have happened by now.

Not true, since her loving husband ordered that she receive NO REHAB WHATSOEVER. Did you even read the post before commenting?

>it is doubtful that Terri or anyone
>else would have wanted to see
>any human being linger so long in
>such a hopeless condition

Except that she told a friend regarding Karen Ann Quinlan, "where there's life, there's hope." Testimony ignored by Greer.
Shoe
April 1, 2005   07:10 AM PST
 
How can anyone blame Terri's husband for wanting to move on with his life? The vast majority of opinions here come from people to whom Terri has existed as a news item for a few weeks, not a human being who has been wasting away in a hospice for fifteen years. Just because a person's heart is still beating does not mean that person is still truly alive. Six years ago, I found myself in the same situation when a very close relative who was terminally ill chose to die rather than to live out an imitation of life hooked up to a bank of machines. However, this woman chose to release herself from medical care and to face her death in my home, while I stayed home to care for her. Despite the doctor's predictions that she would be dead within two weeks, it took her six months to starve herself to death, and she was lucid and speaking up to the last day. The carefully chosen photos that are circulated to the media do not truly allow one to see what happens to a person that goes without food and water for days on end, but I assure you it is not pleasant. The knowledge that a loved one is hovering between life and death is not easy to bear, and hope becomes like a stone in the heart when it is carried too long. I cannot imagine any family enduring sucha terrible emotional strain for one year, let alone fifteen. It is not uncommon to feel anger toward the victim, even though they are not to blame. It may well be that Terri's husband denied her treatments because he wanted to let her die with dignity rather than becoming a scientific curiosity. It's easy to take the moral high road when you're on the outside looking in, but until you've been there and back again, it is difficult to understand the motives of people in a situation like this one. Once the tube was taken out there was no way back, and trying to prolong Terri's life at that point would have only caused her to suffer neddlessly for the appeasement of the public conscience. Sometimes, as hard as it is to let someone go, it is the merciful thing to do. But right or wrong, in the end, everyone involved will have to live with the choices they made, for better or worse.
JM
April 1, 2005   08:56 AM PST
 
>How can anyone blame Terri's
>husband for wanting to move on
>with his life?

No one would do that. In fact, he SHOULD have done that. Filed for divorce, transferred guardianship, and gotten married.

>I found myself in the same
>situation when a very close
>relative who was terminally ill
>chose to die rather than to live
>out an imitation of life hooked up
>to a bank of machines.

Then it wasn't a similar situation at all, was it? Your relative -- and I'm sorry for your loss -- was being kept alive artificially, by machines, and chose to end that.

>The knowledge that a loved one is
>hovering between life and death is
>not easy to bear, and hope
>becomes like a stone in the heart
>when it is carried too long.

I know. I should tell you about my grandfather, and then my grandmother. But this isn't about me.

>Once the tube was taen out there
>was no way back

Except for the last couple of times the tube was removed, then reinserted.

>let someone go

See, that euphemism really disturbs me. Terri was in no danger of dying; she wasn't "going" anywhere until she was starved to death by our wonderful "justice" system.
Friend of USA
April 1, 2005   10:40 PM PST
 
Can anyone tell me why Michael Schiavo refused to let her parents be there in her last minutes ?

After all he denied them for, what 15 years? it's the least he could have done.

Weird cruelty if you ask me...
Joe
May 14, 2005   07:57 AM PDT
 
The Nazi poster was a nice touch, but you're forgetting one thing. Nazi's were on the right wing end of the politcal spectrum, you know the same end as the KKK, Osama bin Laden, etc. The people who can't tolerate the existence of those not like them. Wow that sounds a lot like your right wing rhetoric on this website. Are you sure you're not a Nazi? The truth is the government, neither executive, legislative, or judicial has the right to tell an individual to live or die. Terry Shiavo told her husband what her wishes were, and being her legal guardian he carried them out. It's not your place to intervene. Get a life and leave other people alone.
JM
May 14, 2005   08:15 AM PDT
 
>Nazi's were on the right wing end
>of the politcal spectrum

Oh, I'm so sorry... the Nazis were Socialists. Please see my article on the Nazi meme:
http://guardian.blogdrive.com/archive/188.html

>Terry Shiavo told her husband
>what her wishes were

According to whom? The husband. And it took him eight years to suddenly remember that. And that ring no warning bells with you?

>Get a life

You mean, go to other people's web sites and call them Nazis for disagreeing with me? Hmm.
 

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