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TERRI - BREAKING IT DOWN
Monday, March 28, 2005
At the risk of sounding clinical, the real issue at hand is simply a Constitutional one. There are several things to note in this case:
1. It isn't a "right to die" case because Terri's wishes are in doubt. In the absence of a living will, we can rule out the "right to die" issue.
2. Terri's medical condition is in question. There are those who say that she is in PVS and others who maintain that she isn't. While there is a question, and because of current limitations on medical science to make an empirical statement, Terri's medical condition is in doubt.
3. Life and death circumstances are not family jurisdictional. We don't own our children. Many parents think they do, but each child holds a unique status under the US Constitution that affords them protection. One is not allowed, for instance, to abuse them or kill them, or even neglect them without serious penalty. No American citizen is afforded the right under the Constitution to OWN another individual--We did away with that during the War between the States. Ownership doesn't extend to spouse either. So in reality, legally it isn't a family matter.
Summary:
Where does that leave us? If there is doubt about Terri's condition, and doubt concerning her wishes in a state requiring life support, etc., then the decision passes upon the state. The burden of proof is placed upon the state to determine the outcome.
So the agent of the state was consulted--the court system in this case. Upon examination of the evidence they determined that Terri's sustenance should be removed.
Ordinarily it should all stop here, but there is a reason stopping here may be a mistake.
In all cases, something MUST be present in order for a case be determined. The case must be made "beyond a reasonable doubt".
The Snipet may be wrong, but upon review of the decision to remove Terri's feeding tube, it did not seem that the case for removal was made beyond that reasonable doubt. There are many reasonable doubts in this case, except for the mindless ideologues and armchair authorities.
  • If this is indeed the case, then the decision to remove the tube was one of judicial activism--a judge making law as opposed to interpreting and applying the law.
  • if this is the case, then Terri is simply being euthanized.
  • if this is the case, then we have a serious breach in her rights as guaranteed by the Constitution. (Email me if you need to know which one)

Of course, nowadays who really cares about the Constitution?

posted by Jack Mercer @ 3/28/2005 06:53:00 AM  
2 Comments:
  • At 3/28/2005 05:42:00 PM, Blogger Henwhisperer said…

    Euthanasia: The act or practice of ending the life of an individual suffering from a terminal illness or an incurable condition, as by lethal injection or the suspension of extraordinary medical treatment. Also called mercy killing.

    No, she is not being euthanized. No one (except for Michael Shiavo) knows if she could have recovered and she didn't have a terminal illness. In fact, she has been living some quality of life for 15 years. The feeding tube is not an extraordinary medical treatment.
    A respirator is, as in people who suffered from polio.

    She is being murdered. Do you disagree?

     
  • At 3/29/2005 02:53:00 PM, Blogger The Fly said…

    Ugh, finally. They must be "fixing" Blogger again.

    Anyway, I don't see this the same way, Jack. I realize that there are several things that are disagreed upon.

    * The experts disagree as to whether or not she is a chronic vegetative state.
    * The experts disagree as to whether or not she has any chance of recovery.
    * Her family (meaning her husband and her biological family) disagree as to what her wishes were.

    At this point, even though I still feel some of these issues are ambiguous, I'm led to believe that the judges, many of whom have been conservative Republicans (particularly at the federal level), have been objective in deliberating over both the law, and the evidence that has been presented to them. In every single court decision, even the ones with pro-life judges, they deemed that the weight of the evidence was that Terri Schiavo would not have wished to be kept "alive" under these circumstances. I've seen no evidence compelling enough to make me believe that her parents have any case, legally or morally; when someone has the audacity to criticize their greatest champion (Governor Jeb Bush) for not breaking the law for one person, they lose quite a bit of credibility in my book.

    To me, the base issue isn't all of the medical mumbo jumbo, or whether or not Terri Schiavo would have wanted this. The issue is that this kind of outcome is completely legal.

    We're caught between a rock and a hard place. On the one hand, allowing this woman to die is crucial, because it maintains a system whereby the law is objective, dispassionate, and places blind, consistent justice is more important than the individual. If one individual is more important than the law, our system devolves into chaos.

    On the other hand, we've realized that we have engineered a system whereby someone who many see as an innocent can die a death that many see as cruel and inhumane, and it's completely legal.

    We're caught between two crucial priorities: the duty to uphold the law and defy the chaos that would result without it, and the duty to protect life.

    That's the issue, Jack: that the law could allow something like this to happen.

    For what it's worth, I can't for the life of me understand why her parents would want to keep her "alive" in this state. She's been like this for fifteen years, and that, I think, is more cruel than allowing her body, which most of her doctors believe has no feeling or consciousness, to die slowly of malnutrition. If they're not willing to accept after fifteen years that she's not going to recover, then when will they let her go? I'm not saying that Michael Schiavo is a saint; far from it; I still find myself siding with him.

    I also think that comparing Terri to Jesus, her mother to Mary, and the issue to the abortion debate, and calling it a "fight for the culture of life" or a "fight against euthenizing the handicapped" is nothing but zealotry and empty rhetoric. I've lost a lot of respect for both the GOP and people within my party, and I've lost what little respect I may have had for the Democrats (who have also tried to use this as a political issue). This has turned from a family disagreement about when to accept an unfortunate outcome, into a national travesty.

     
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"Snipet" (pronounced: snipe - it) is not a word.It is a derivative of two words: "Snipe" and "Snippet".


Miriam Webster defines Snipe as: to aim a carping or snide attack, or: to shoot at exposed individuals (as of an enemy's forces) from a usually concealed point of vantage.


Miriam Webster defines Snippet as: : a small part, piece, or thing; especially : a brief quotable passage.


In short, "Snipets" are brief, snide shots at exposed situations from a concealed vantage point.

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