Brad Wardell's views about technology, politics, religion, world affairs, and all sorts of politically incorrect topics.
It's about the law
Published on March 28, 2005 By Draginol In Politics

As far as the law is concerned, it has spoken. Many courts have heard Terry Schiavo's case and concluded that Terry would not have wanted to be kept alive through artificial means.

That is what this case boils down to. People have the right to decide whether they want to be kept alive via artificial means.  And the courts determined that there was sufficient evidence through testimony that Terry would not have wanted to be kept alive this way.

However, it's the "evidence" that is problematic here in my opinion.  She had no living will. Hopefully this incident will encourage people to start making living wills so that the judicial system can't be screwed around like this.  Terry's parents say she would not want to be starved to death.  Terry's husband says she would.

In my view, the word of Terry's husband is meaningless. He's moved on.  He has two children with another women.  As soon as he had a child with another woman, his "guardianship" rights should be reverted to the parents.  And the parents want her to be kept alive.  She's not on life support, she simply is incapable of feeding herself.

That is where I think the focus of the debate exists.  Frankly, we really don't know what Terry wanted.  I know I would not want to be kept alive via artificial means but on the other hand, I don't know if I'd like the idea of being starved to death over a two week period. I think when most people think of being taken off "life support" they picture themselves in a coma without the ability to breath on their own. 

That's why this case is so compelling.  We really don't know what Terry would have wanted and so many people feel that the default option should be life and not starvation.

Anyone who has ever worked in a group home for the mentally disabled can tell you that there are literally hundreds of thousands of people who would die without what would seem to most people extraordinary intervention.  She we starve them to death too?

In fact, why stop there?  How about the people are incapable of feeding themselves without government subsidies? Billions are spent providing food to people who somehow have managed to screw up their lives to the point that they can't afford to pay for their own food.  Should we stop providing them food?

What's ironic is if Terry were a convicted murderer, one could almost imagine the far left out in force protesting on the other side.  It gives the impression that the only lives that the left really wants to fight for are those who either have killed people (murderers) or want to kill people (terrorists). I know, that's a cheap shot but it does strike me as odd that the kind of same people who will camp outside a prison to protest the execution of a convicted murderer have contempt for the people who want to keep Terry alive.

I am a strong believer in individual choice.  If Terry truly would have wanted to die this way, then I am all for that.  I am just not convinced that that is the case based on the publicly available evidence.  And if we're going to choose death as the default when someone can't keep themselves alive on their own, then that takes us down a slippery slope that I'm not sure people want to go.


Comments (Page 6)
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on Mar 31, 2005
"The end result is, then, if it really makes so much sence that it should have gone in favor of life or more tests, then why didn't it go that way."


For the same reason that people oppose outlawing partial birth abortion, even when they find the idea of taking a late-term baby out of the womb in chunks horrific. This is about being careful not to set a precedent that might endanger "right to die", or maybe even assisted suicide later.

At best, this was an illegal assisted suicide. She wasn't on "life support" any more than the mentally handicapped kids I fed with a spoon were.

At worst, a husband was able to murderously discard something he was the legal guardian of. As though a living, breathing human is simply part of the estate like the car or the house.
on Apr 01, 2005
Now, for all the statements in this forum regarding all sorts of "experts" (referred to but not named or quoted) it does seem that any expert opinion that I can find agrees with Terri's doctors findings that her brain was indeed nearly completely dead and beyond recovery


Here are some links for affidavits of health care providers of Terri, Doctors and an article that has info disputing she was in a PVS. There is also a link to a Doctor's deposition regarding a body scan of Terri from 1991, that seems to indicate Terri was beaten (head trauma, broken bones, et. al.). Michaels Schiavo claimed the injuries must have been from therapy. If you're interested in more, there is plenty to be found (just search on Schiavo and affidavit).

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on Apr 02, 2005
It is insane to attack our judicial system. "The law has no passions."
We live in a backwards country, where euthanasia is illegal, thus we had to let a woman starve. Other wise, a faster death was in order, that way this whole case ended before.
It is sick that in this case, Terri's life was not the focal point of the argument, but thanks to the lovely Christian Coalition's presence this in a backhanded way has turned into a discussion on abortion. On whether any life form has the right to die. What's inhumane in this case is that the family was not allowed to choose because they bickered. So once the judicial system ruled (and correctly, that the husband has legal custody) this poor woman still had to be used as a martyr for the religious right. This is a family matter. If they cannot decide on something, then the courts have to rule. The legislature had no right to interfere. She is not the only one in this situation, why make a law for one person? Because wherever the media is, our politicians, be they Dems or Reps. must jump in. Tom Delay is a fool if he really believes about activist judges. The only activism in this case came from teh legislature itself.
on Apr 02, 2005

What does the Christian Coalition have to do with this?

I'm pro-choice on abortion and agnostic and I think that what happens to terry was chilling.

on Apr 02, 2005
It is insane to attack our judicial system. "The law has no passions."
We live in a backwards country, where euthanasia is illegal, thus we had to let a woman starve. Other wise, a faster death was in order, that way this whole case ended before.
It is sick that in this case, Terri's life was not the focal point of the argument, but thanks to the lovely Christian Coalition's presence this in a backhanded way has turned into a discussion on abortion. On whether any life form has the right to die. What's inhumane in this case is that the family was not allowed to choose because they bickered. So once the judicial system ruled (and correctly, that the husband has legal custody) this poor woman still had to be used as a martyr for the religious right. This is a family matter. If they cannot decide on something, then the courts have to rule. The legislature had no right to interfere. She is not the only one in this situation, why make a law for one person? Because wherever the media is, our politicians, be they Dems or Reps. must jump in. Tom Delay is a fool if he really believes about activist judges. The only activism in this case came from teh legislature itself.


Get a GRIP! They made the law because public opinion called for it!
on Apr 04, 2005
I think it's really sad that all these conservitive morons are standing outside of the hospital acting like idiots because this case made it to national TV. This kind of thing happens EVERY DAY! PEOPLE GET TAKEN OFF OF FEEDING TUBES AND LIFE SUPPORT EVERY SINGLE DAY AND I DONT SEE YOU RUNNING AROUND TO EVERY SINGLE HOSPITAL PROTESTING. It's none of your god damn business what other citizens decide for their spouses. And it's not the business of the american government either. And on that note, I would also like to add that ABORTION IS A WOMANS CHOICE, NOT THE GOVERNMENTS, NOT YOUR RELIGIONS. Same thing with feeding tubes and life support, it's not your damn business, and it's not your damn choice. Yeah Micheal Schivo the big bad wife killer, thats the stupidest thing I've ever heard in my entire life. People kill their wives and children in much worse ways than abortion and feeding tube removal every single day. So stop whining about semi-humane ways to kill people and do something about the real murderers. It makes me sick that conservitives are pro-capital punishment and anti-abortion, talk about hypocritical.
on Apr 04, 2005
Im so sick of religous BS. This is why seperation of church and state exists so that you can't force your christian beliefs on other people. COUGH* THE CRUSADES COUGH*
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