The tragic case of Terri Schiavo has been something that I have wrestled with over the past couple of days. On the one hand I believe that it is absolutely abhorrent for this woman to be put to death. She's a living, breathing, viable human being, and the insinuation that she is brain dead or on life support is ridiculous. She reacts to stimulus and occasionally shows recognition of her parents. The only special assistance she needs to live is a feeding tube, so how any one could even think of just letting her die is beyond me. Her husband Michael Schiavo contends that it was her wish to be allowed to die had she ever gone into such a state, but to date he has provided no proof of such a request.
Yet on the other hand the actions of congress this weekend make me uncomfortable. Centuries of common and constitutional law have held that a man and a woman joined in matrimony are one, and that it is the spouse who has authority in matters such as these. Furthermore, influence and authority over cases such as this have always belonged to the states, and congress' actions over the past couple days have in my mind violated this system of federalism. By having the federal government intervene in this specific case, it creates a precedent for future congresses to interject into similar cases. Though conservatives and Republicans might believe that federal intervention on behalf of Mrs. Schiavo is justified here, we are involuntary opening a Pandora's box that will now allow the federal government to overstep it's boundaries in the future.
Though I wholeheartedly believe that Terri Schiavo should be allowed to live, I also believe that congress and the president made the wrong move in this case. If a person is incapacitated and unable to make their intentions known, than it automatically falls to the spouse to make the decisions for them. Though I strongly disagree with Mr. Schiavo's decision, and I am appalled at the manner in which Terri is being left to die, I must respect that decision. It is not congress' or the government's place to interject in such a matter, and therefore I must respectfully disagree with their actions as well.
Geoff:
ReplyDeleteYour editorial on the Terry Schiavo matter was thoughtful and provacative. I too am disappointed in the action the Congress and our President took last weekend.
While I believe strongly in the value and right to life, this is a question of jurisdiction; i.e. who has the right to control the decision regarding Mrs. Schiavo. Clearly this should rest with the spouse and not the Federal Government.
What is truly unfortunate is that Mrs. Schiavo did not sign a medical directive which would have made this 8-plus year ordeal for everyone involved a non-issue.
A few minor points:
ReplyDelete1) "She's a living, breathing, viable human being, and the insinuation that she is brain dead or on life support is ridiculous."
Considering that her cerebral cortex is liquified, she is, for all intensive purposes, brain dead. The cerebral cortex is the part of the brain that gives us conciousness and awareness.
The life support issue is simple. If her feeding tube, which is an artifical and highly technical way to receive nutrients (NOT food or water), were removed, would she die? The answer is obviously yes. Therefore the feeding tube qualifies as artificial life support.
2) "Her husband Michael Schiavo contends that it was her wish to be allowed to die had she ever gone into such a state"
Though the media routinly ignores it, so have several other people, including one of Mrs. Schiavo's friends from before she was married.
3) "but to date he has provided no proof of such a request."
Under the law, which Republicans claim to uphold, he does not have to. Florida law, like most states, leaves these decisions up to (in order) 1) the patient (via a Living Will), 2) the spouse, 3) any adult children, 4) the parents. Since Terri did not have a living will, the next in line is the spouse. He has stated what his wife wanted and this has been corroborated by several other witnesses.
4) I agree with your second paragraph in it's entirety.
As for my own views, I have heard a lot of suspicions regarding Mr Schiavo's motives. I have heard it claimed that he wants the $1.3 million from the hospital settlement. I seriously doubt this is true for several reasons.
1) That money has been spent on her care and seeing that her wishes were enforced.
2) Mr. Schiavo has been offered sums ranging from 1-10 million dollars to divorce Terri and grant custody to her parents.
There is, in my mind, only one motivation for Mr. Schiavo's acions: An ernest desire to see Terri's wishes fulfilled.
Just s an FYI, my own wife has stated her wishes to me. She and I also have living wills, but those can (and have) been contested in the past. I would move heaven and earth to see her wishes fulfilled. I would fight anyone I had to in order to fulfill my obligation as her busband.
Just my $0.02.
You're right Bushwacker, hopefully if anything comes out of this whole ordeal it will be more Americans crafting living wills so that tragic situations such as these can be prevented.
ReplyDeleteIf she was not white middle class american, would anyone care?
ReplyDeleteIf she was a prostitute, or an immigrant, or a native american, would anyone care?
What if they had no medical insurance? Would George W. step in because the hospital decided enough was enough?
Let the woman die with what little dignity is left after this media fiasco.