Terri's Life

“The measure of a society is how they treat the least of us.
Life is sacred or meaningless, there is nothing in between.”
by Kate Adamson
http://www.katesjourney.com

See videos of Terri at www.terrisfight.org

Read a comprehensive review of Terri's saga as reported by World Net Daily

Rebuilding a culture of life: In memoriam
Ben Shapiro

April 6, 2005

"Even in the midst of difficulties and uncertainties, every person sincerely open to truth and goodness can ... come to recognize ... the sacred value of human life from its very beginning until its end, and can affirm the right of every human being to have this primary good respected to the highest degree. Upon the recognition of this right, every human community and the political community itself are founded … "

On Friday, March 18, at about 1:45 p.m., Terri Schiavo's feeding tube was removed. So began the state-sanctioned killing of a 41-year-old brain-damaged woman. At the insistence of her husband, Michael, Terri Schiavo was slowly starved to death. "She has verbally expressed her wishes to me and other people," Michael told ABC's "Nightline." Michael, who since Terri's heart attack has sired two children by another woman, insisted that the procedure would be painless. "Terri will not be starved to death. Her nutrition and hydration will be taken away … Death through removing somebody's nutrition is very painless." Terri's parents, believing Catholics, sat helpless beside Terri's bed as the tube was removed.

"Such attacks strike human life at the time of its greatest frailty, when it lacks any means of self-defense. Even more serious is the fact that, most often, those attacks are carried out in the very heart of and with the complicity of the family -- the family which by its nature is called to be the 'sanctuary of life' … "

"What they're doing is, they're making the decisions for us," Michael indignantly explained to ABC. "That's what this country is coming down to. They're going to make the decisions for us … Big Brother is going to do that." According to Michael, it was his right to make the decision for Terri, without any proof beyond his word that his wife would have wanted to die. "I still have a big commitment to Terri," Michael stated. "I made her a promise." Michael made another promise, before God, on the day of his wedding: "Until death do us part." The same God ordered: "Thou shalt not murder."

"[A] new cultural climate is developing and taking hold ... broad sectors of public opinion justify certain crimes against life in the name of the rights of individual freedom ... "

"She may be in a vegetative state, but her dignity requires that we honor her rights and that's what this case is about now. Everyone's constitutional rights are at stake," insisted Michael's attorney, George Felos. "That's not what this country is about. That's not what individual liberty is about."

"[T]his reality is characterized by the emergence of a culture which denies solidarity and in many cases takes the form of a veritable 'culture of death' … A person who, because of illness, handicap, or, more simply, just by existing, compromises the well-being or life-style of those who are more favoured tends to be looked upon as an enemy to be resisted or eliminated. In this way a kind of 'conspiracy against life' is unleashed."

Michael's fight to starve Terri continued, even though he admitted that he had "moved on with a portion" of his life -- the portion that pertained to marriage and children. As Thomas Sowell put it, "Terri Schiavo is being killed because she is inconvenient to her husband and because she is inconvenient to those who do not want the idea of the sanctity of life to be strengthened and become an impediment to abortion."

"In giving life to man, God demands that he love, respect and promote life. The gift thus becomes a commandment, and the commandment is itself a gift."

"It felt like some peace was happening for Terri," Michael Schiavo told NBC's "Today" on March 19. "And I felt like she was finally going to get what she wants, and be at peace and be with the Lord." Meanwhile, caregivers were prohibited from giving Terri either ice chips or lip balm to ease the symptoms of dehydration.

"And yet all the conditioning and efforts to enforce silence fail to stifle the voice of the Lord echoing in the conscience of every individual: it is always from this intimate sanctuary of the conscience that a new journey of love, openness and service to human life can begin."

On Thursday, March 31, after nearly two weeks of starvation, Terri Schiavo died. Her parents, who had been barred from her deathbed by Michael, were finally allowed to pray with the body. President George W. Bush offered a ray of hope: "I urge all those who honor Terri Schiavo to continue to work to build a culture of life where all Americans are welcomed and valued and protected, especially those who live at the mercy of others."

"Man has been given a sublime dignity, based on the intimate bond which unites him to his Creator: in man there shines forth a reflection of God Himself." -- Pope John Paul II, The Gospel of Life

©2005 Creators Syndicate, Inc.
 

http://www.townhall.com/columnists/davidlimbaugh/dl20050329.shtml

Unwitting disciples of death
David Limbaugh

All too many have become unwitting disciples of a pagan death cult, which romanticizes death and the death process, and disturbingly discounts the universal human will to live. At the very least they are blind agents in the incremental, inexorable devaluation of sacred human life.

As long as we presume to place ourselves in the decision of playing God by sanctioning the killing of a physically healthy, sometimes-conscious woman today, who very well might want to live, there is no reason to believe that other vulnerable individuals will be spared down the road.

When that time comes, people will be even more sophisticated in characterizing their destruction of humanity as humane.
 


Terri Schiavo Can Still be Rehabilitated, Nobel Prize-Nominated Doctor Says
by Steven Ertelt

Dr. Hammesfahr, who was nominated for the Nobel Prize in Medicine and Physiology in 1999, explained that, after examining Terri, he believed that she could eventually eat and drink on her own. He also said he believes Terri would be able to talk and have good use of one arm and one hand should be given proper rehabilitative treatment.

Hammesfahr also said he thought Terri would eventually be able to transfer herself from a wheelchair to a bed.

"The patient is not in a coma," concluded Hammesfahr said after observing Terri. "She responds to specific people best. She tries to please others by doing activities for which she gets verbal praise."

He says Terri's eyes clearly fixate on her family and she tries to follow the simple commands her parents give her.
"She looks at you, she can follow commands," Hammesfahr said.

 

Terri’s ‘Exit Protocol’
http://www.cst-phl.com/050113/sixth.html

By Susan Brinkmann
 

A detailed description of the physiological symptoms of death by starvation.

“This is not a painless or dignified way to die,” Ford said. “It’s against the law to dehydrate and starve to death a prisoner on death row. Why should we allow it to be done to a disabled woman — or anybody?”
The cruelty Ford has seen Terri endure is “not even believable,” she said. “In this case, Dr. Kevorkian would be more humane than what they intend to do to Terri.”

http://www.nationalreview.com/mccarthy/mccarthy200503250823.asp

Andrew C. McCarthy

March 25, 2005, 8:23 a.m.
Beyond a Reasonable Doubt
Terri Schiavo has been denied due process of law.

In the United States, we require proof beyond a reasonable doubt on all facts necessary to the judgment before someone is killed by the machinery of the justice system. Nothing less will do.

I respectfully believe the attorneys for Terri's parents should go back to the federal district court and seek the reinsertion of her feeding tube — whether by a temporary restraining order (TRO) or the court's power under the All Writs Act — on the narrow but epically important ground that due process in the United States requires proof beyond a reasonable doubt before a court may issue an order that results in the taking of life, a right that Terri has been denied.

The law passed by Congress Sunday night clearly permits them to do this.


What Kind of Society Are We Becoming?
Jeannie Ash - Belmont, Calif.

In the course of history we are less than an eye blink past Auschwitz and already it is happening to some extent in the Netherlands and in Oregon. Overnight I've discovered that the same mindset that allowed a whole society to accept Hitler's insane idea of 'life not worth living" and resultant extermination, is sharing this country with me.

Like so many there is heartbreak, there is anger, there are prayers, there is disbelief, there is frustration. Mostly though there is the feeling that we are living in a society that is prepping itself to devalue life and to push death in the interest of convenience.

I am living in a nation that is turning off its conscience and becoming numb to the horror that should exist at the thought of an innocent life that could and might very possibly be experiencing the draconian agony of death by starvation.

As others have pointed out, over 2,000 years ago another Mary was forced to watch helplessly as her son was lawfully killed.

What an insane coincidence. What an insane moment in history we are living, given all the history that was there to prevent this.

 

Whose Life Is Worth Living?

http://www.realclearpolitics.com/Commentary/com-3_26_05_OSC.html

By Orson Scott Card

But when we can preserve a life, how dare we not do our best to do so?

Not just for the sake of that particular life, but for the sake of all the others who will be murdered once we open the floodgates and allow selfish people to kill those helpless ones who inconvenience them.

Once we accept the premise that it’s permissible — or even noble — to kill the helpless, then where do we draw the line?

If a civilization ceases protecting the weak and innocent from the strong and selfish, then what, precisely, is civilization for?

http://www.nationalreview.com/skonig/konig200503251318.asp

Mary’s Child
Terri Schiavo, daughter.

When I saw The Passion of the Christ, the moment that affected me the most was Mary trying to get to Jesus as he labored under the cross through the streets of Jerusalem. A disciple led her through the back streets past the crowds to her son and the whole time I'm thinking, what will she say when she gets to him? What could anyone say to someone who is suffering so much, who is so seemingly without hope? When she finally reaches him she says the perfect thing — the words any child wants to hear from his mother, "I'm here."

It was so moving because it was so right. Director Mel Gibson imagined this meeting, the dialogue. But how precise.

I've been thinking about this a lot lately — I'm writing this on Good Friday. Watching Terri Schiavo's tragedy unfold in front of the world, I think of the videotape where her mom moves her daughter's head to be able to look into her face and suddenly Terri's eyes brighten and she seems to smile. Her mother, Mary Schindler, is there saying, "I'm here."

What else is a mother to do? Some say Terri is not cognizant of anything going on around her and that her expressions are just reflexes. Tell that to any mom whose baby smiles for the first time and hears from the "sage" onlooker, "It's just gas, babies can't smile." Baloney. Mothers know differently. Now with the super-level sonograms, we even see photos of babies smiling in the womb. We've seen the famous photo of the baby, being operated on in utero, reaching out of its mother's womb to grasp the doctor's gloved finger. A need for human contact or just a reflex? Humans, in all stages of development, display their natural yearning for a human touch, a soft word, a smile.

FOCUS: Bigotry and the Murder of Terri Schiavo

http://www.thecrimson.com/writer.aspx?ID=1201755

By

Besides being disabled, Schiavo and I have something important in common, that is, someone attempted to terminate my life by removing my endotracheal tube during resuscitation in my first hour of life. This was a quality-of-life decision: I was simply taking too long to breathe on my own, and the person who pulled the tube believed I would be severely disabled if I lived, since lack of oxygen causes cerebral palsy. (I was saved by my family doctor inserting another tube as quickly as possible.) The point of this is not that I ended up at Harvard and Schiavo did not, as some people would undoubtedly conclude. The point is that society already believes to some degree that it is acceptable to murder disabled people.

As Schiavo starves to death, we are entering a world last encountered in Nazi Europe. Prior to the genocide of Jews, Gypsies, and Poles, the Nazis engaged in the mass murder of disabled children and adults, many of whom were taken from their families under the guise of receiving treatment for their disabling conditions. The Nazis believed that killing was the highest form of treatment for disability.


 

http://www.opinionjournal.com/columnists/dhenninger/?id=110006472

In Solomon's Absence
The Schiavo case made bad law and good politics.

BY DANIEL HENNINGER
Friday, March 25, 2005 12:01 a.m. EST

If we lived amid the wisdom of Solomon, Terri Schiavo would be turned over to her loving parents and family. If it is their wish to live out their lives attending the constant needs of their damaged child, so be it. However, we live in an age bereft of the wisdom of Solomon, and so Terri Schiavo is likely to die.

http://www.opinionjournal.com/editorial/feature.html?id=110006474
Killing Terri
There was no need to play God.

BY JAMES Q. WILSON

Keeping people alive is the goal of medicine. We can only modify that policy in the case of patients for whom death is imminent and where all competent family members believe that nothing can be gained by extending life for a few more days. This was clearly not the case with Terri Schiavo. Indeed, her death by starvation may take weeks. Meanwhile, her parents are pleading for her life.

These differences are of decisive importance. When death will occur soon and inevitably, the patient does not starve to death when life support ends. Since there was no chance of our mother living more than a few more days, what my sister and I did could not be called murder. When death will not occur soon, or perhaps for many years, and when there is a chance, even a very small one, that recovery is possible, people who authorize the withdrawal of life support are playing God.

And in Terri's case, they are playing God when they do not have to. Her parents begged to become her guardians. Her husband refused. We do not know for certain why the husband refused.
 

Schindler Family: Terri’s Judge ‘Afraid of the Truth’
(CNSNews.com) – The family of Terri Schindler Schiavo says the judge who ordered her starvation and dehydration – a process that will begin on March 18 unless a higher court intervenes -- is “afraid of the truth,” and is denying Terri’s due process rights under state and federal law. Terri's supporters say criminals get more protection than disabled and vulnerable citizens...

Terri Schiavo’s Parents Seek Divorce on Her Behalf
(CNSNews.com)
– Terri Schindler Schiavo’s parents have asked Florida’s Second District Court of Appeals to grant their daughter a divorce from her husband, Michael Schiavo. They charge him with a conflict of interest based on alleged adultery ...

THE WHITE HOUSE
Office of the Press Secretary - For Immediate Release March 17, 2005

STATEMENT BY THE PRESIDENT
The case of Terri Schiavo raises complex issues. Yet in instances like this one, where there are serious questions and substantial doubts, our society, our laws, and our courts should have a presumption in favor of life. Those who live at the mercy of others deserve our special care and concern. It should be our goal as a nation to build a culture of life, where all Americans are valued, welcomed, and protected and that culture of life must extend to individuals with disabilities.

 

In the Schiavo Case, Elites Reveal Similarity to Nazi Germany
by Patrick J. Buchanan

One wonders if our young, so many of them cheated of a knowledge of history in schools they are forced to attend, are aware of how closely our elites approximate, in belief and argument, the elites of Weimar and Nazi Germany in the 1920s and 1930s.

 

SCHIAVO SCANDAL INDICATES LOW STATE OF BIOETHICS

By John Leo

A key factor in the rise of bioethics, Callahan wrote, was the "emergence ideologically of a form of bioethics that dovetailed nicely with the reigning political liberalism of the educated classes in America." Instead of the traditional emphasis on the sanctity of life, bioethics began to stress the quality of life, meaning that many damaged humans, young and old, don't qualify for personhood because their lives have lost value. The nonpersons should be allowed to die and in some cases be killed.

The Schiavo case is a breakthrough for persuading the public to lower the bar on moral constraints. Once we had a bright line between pulling the plug on patients kept alive by life-support systems and killing people like Terri Schiavo, who are not on life support but merely being fed through a tube. Requiring clear evidence of consent is no longer required. In the Schiavo case, we have vaguely remembered consent from a party with a vested interest (the husband) some eight years after the patient was stricken.

Though the medical and media people seem to agree that Schiavo is in a persistent vegetative state (PVS), there is some doubt that this is so. She has never been given a PET scan, one of the most sophisticated tests used to diagnose PVS, apparently because her husband refused to allow it. The killing of Schiavo is a scandal successfully redefined as unexceptional and therefore moral.


Killing Terri Schiavo, II

by Thomas Sowell

The lessons of this tragic episode are as momentous as they are painful, if only because we should never want to see such a miscarriage of justice again. The issue is not only whether Terri Schiavo should live or die, important as that is.

Another important issue is whether self-government in this country will live or die. Judges who ignore the laws passed by elected representatives are slowly but surely replacing democracy with judicial rule. Meanwhile, the media treat judges as sacrosanct and any criticism of them as almost blasphemy.

A turning point in the culture war
David Limbaugh

What this boils down to is that our courts (and far too many in society) are so acclimated to our Culture of Death that they are erring on the side of death. Despite enormous doubts about Terri's condition, her intentions, and even her initial injury, the courts are determining that in the end, none of this matters because anyone in Terri's diminished state (no matter what it specifically is) is better off dead. It's essentially a court-ordered murder based on the court's subjective assessment of the victim's quality of life -- an assessment tainted by its diminished reverence for human life.

The decision to kill Terri Schiavo is not in deference to Terri's intentions, about which there is way too much doubt, but to godlessness, humanism and death. It is to quench society's lust for death.

This case marks a turning point in the Culture War, where society is making a giant leap toward the dark side, embracing the lie over truth and death over life.

Standard of review is no standard at all for Terri Schiavo
What a lot of people do not understand about what's been happening with the Terri Schiavo case over the past week is related to what is commonly known in the legal process as the "standard of review."  This relates to the criteria that appellate courts use to evaluate what was done at trial.  And what most people also don't know is that it is very, very difficult to overturn the decision of a trial court.

 
The standard of review is intended to preserve the integrity of the trial process, acknowledging that appellate courts do not get to hear testimony, see witnesses, evaluate their demeanor and their credibility.  All sensible.  But this standard leaves no protection for someone like Terri Schiavo, who was unrepresented by independent counsel at trial, and whose "guardian" is the very person she needed to be protected against.
[10:14 PM 26-Mar-05 | Laura Hirschfeld Hollis


http://www.nationalreview.com/mccarthy/mccarthy200503231015.asp
Another Loss, But a Glimmer of Hope

by Andrew C. McCarthy

Although they recoil at the very notion, it is a fact of constitutional life that judges are essentially supposed to take their marching orders from congress — which both prescribes laws and defines the jurisdiction of federal courts. Here, Judge Wilson observed, the plain intent of the law Congress passed
is to maintain the status quo by keeping Theresa Schiavo alive until the federal courts have a new and adequate opportunity to consider the constitutional issues raised by Plaintiffs. The entire purpose of the statute was to give the federal courts an opportunity to consider the merits of Plaintiffs’ constitutional claims with a fresh set of eyes. Denial of Plaintiffs’ petition cuts sharply against that intent, which is evident to me from the language of the statute, as well as the swift and unprecedented manner of its enactment. Theresa Schiavo’s death, which is imminent, effectively ends the litigation without a fair opportunity to fully consider the merits of Plaintiffs’ constitutional claims.

He is, of course, right about that. And in a case where, again and again, it has become clear that terrorists seeking to kill Americans are given a far better deal in our courts than a defenseless woman convicted of no crime, how fitting it is, once again, that we meet the All Writs Act.

As Judge Wilson sagely countered, by failing to reinsert the tube:
we virtually guarantee that the merits of Plaintiffs’ claims will never be litigated in federal court. That outcome would not only result in manifest injustice, but it would thwart Congress’s clearly expressed command that Plaintiffs’ claims be given de novo review by a federal court.

Judge Wilson also disputed his colleagues’ conclusion that the Schindlers could not succeed on the merits — the finding on which the refusal to grant the injunction on ordinary grounds was based. Particularly when the irreparable finality of death looms, he argued, a party seeking an injunction need not “establish that he can hit a home run, only that he can get on base, with a possibility of scoring later.” Here, Terri’s parents have raised significant due process issues: the fairness and impartiality of the state trial, the fact that Terri did not have independent counsel, the denial of equal protection, and unjustified burdens on her free exercise of religion. Again, it was the manifest purport of Terri’s Law that these claims be fully and carefully considered in the federal courts before Terri’s death could be brought about by a state legal process.

The case now proceeds on two probable tracks: an appeal to the entire Eleventh Circuit sitting en banc, and an application to Supreme Court Justice Anthony Kennedy (the Circuit Justice for the Eleventh Circuit) for an emergency stay with a reinsertion of the feeding tube. Judge Wilson has given them a compass.

 

http://codeblueblog.blogs.com/codeblueblog/2005/03/csi_medblogs_co.html
THIS BRAIN IS NOT THAT BAD

I HAVE SEEN MANY WALKING, TALKING, FAIRLY COHERENT PEOPLE WITH WORSE CEREBRAL/CORTICAL ATROPHY. THEREFORE, THIS IS IN NO WAY PRIMA FACIE EVIDENCE THAT TERRI SCHIAVO'S MENTAL ABILITIES OR/OR CAPABILITIES ARE COMPLETELY ERADICATED. I CANNOT BELIEVE SUCH TESTIMONY HAS BEEN GIVEN ON THE BASIS OF THIS SCAN.

http://www.opinionjournal.com/columnists/pnoonan/?id=110006460
In Love With Death
The bizarre passion of the pull-the-tube people.
by Peggy Noonan

Terri Schiavo may well die. No good will come of it. Those who are half in love with death will only become more red-fanged and ravenous.

And those who are still learning--our children--oh, what terrible lessons they're learning. What terrible stories are shaping them. They're witnessing the Schiavo drama on television and hearing it on radio. They are seeing a society--their society, their people--on the verge of famously accepting, even embracing, the idea that a damaged life is a throwaway life.

Our children have been reared in the age of abortion, and are coming of age in a time when seemingly respectable people are enthusiastic for euthanasia. It cannot be good for our children, and the world they will make, that they are given this new lesson that human life is not precious, not touched by the divine, not of infinite value.

Once you "know" that--that human life is not so special after all--then everything is possible, and none of it is good. When a society comes to believe that human life is not inherently worth living, it is a slippery slope to the gas chamber. You wind up on a low road that twists past Columbine and leads toward Auschwitz. Today that road runs through Pinellas Park, Fla.

Not Dead at All
Why Congress was right to stick up for Terri Schiavo.
By Harriet McBryde Johnson

 http://www.slate.com/id/2115208/#ContinueArticle

Ms. Schiavo, like all people, incapacitated or not, has a federal constitutional right not to be deprived of her life without due process of law.

In addition to the rights all people enjoy, Ms. Schiavo has a statutory right under the Americans With Disabilities Act not to be treated differently because of her disability. Obviously, Florida law would not allow a husband to kill a nondisabled wife by starvation and dehydration; killing is not ordinarily considered a private family concern or a matter of choice. It is Ms. Schiavo's disability that makes her killing different in the eyes of the Florida courts. Because the state is overtly drawing lines based on disability, it has the burden under the ADA of justifying those lines.

 

http://www.nationalreview.com/interrogatory/george200503211140.asp
“Always to Care, Never to Kill”
Terri Schiavo and the right to life.

by Robert P. George
 

National Review Online recently had a chance to talk to Robert P. George, the McCormick professor of jurisprudence at Princeton University and a member of the President's Council on Bioethics, about the Terri Schiavo case and the broader issue of assisted suicide. Professor George has published widely on law, ethics, and philosophy in books, scholarly journals, and, too rarely, in articles for NRO. He previously served as a presidential appointee to the U.S. Commission on Civil Rights.

What we must avoid, always and everywhere, is yielding to the temptation to regard some human lives, or the lives of human beings in certain conditions, as lebensunwerten Lebens, lives unworthy of life. Since the life of every human being has inherent worth and dignity, there is no valid category of lebensunwerten Lebens. Any society that supposes that there is such a category has deeply morally compromised itself. As Leon Kass recently reminded us in a powerful address at the Holocaust Museum, it was supposedly enlightened and progressive German academics and medical people who put their nation on the road to shame more than a decade before the Nazis rose to power by promoting a doctrine of eugenics based precisely on the proposition that the lives of some human beings — such as the severely retarded — are unworthy of life.

Wall Street Journal

by  James Q. Wilson

That moral imperative should be that medical care cannot be withheld from a person who is not brain dead and who is not at risk for dying from an untreatable disease in the near future. To do otherwise makes us recall Nazi Germany where retarded people and those with serious disabilities were "euthanized" (that is, killed). We hear around the country echoes of this view in the demands that doctors be allowed to participate, as they do in Oregon, in physician-assisted suicide, whereby doctors can end the life of patients who request death and have less than six months to live. This policy endorses the right of a person to end his or her life with medical help. It is justified by the alleged success of this policy in the Netherlands.

But it has not been a success in the Netherlands. In that country there have been well over 1,000 doctor-induced deaths among patients who had not requested death, and in a large fraction of those cases the patients were sufficiently competent to have made the request had they wished.

Keeping people alive is the goal of medicine. We can only modify that policy in the case of patients for whom death is imminent and where all competent family members believe that nothing can be gained by extending life for a few more days. This is clearly not the case with Terri Schiavo. Indeed, her death by starvation may take weeks. Meanwhile, her parents are pleading for her life....
But that excerpt alone doesn't do it justice, unfortunately.
 

SCHIAVO DOCUMENTS

by Byron York
Much of the television commentary in the Schiavo matter has failed to delve very deeply into the facts of the case, or at least the differing versions of the story that are available. But there are three documents that might be worth reading for people interested in the case. The first is the report of Jay Wolfson, who was the short-lived Guardian Ad Litem appointed after the passage of Terri's Law in 2003. The second is the Schindler family's March 16 appeal to the United States Supreme Court. And the third is the Supreme Court's ruling, and in particular Justice Scalia's opinion, in the 1990 case Cruzan v. Director, MDH, also available at Findlaw.com, which dealt with the issues involved in the Nancy Cruzan case.

 
http://www.nationalreview.com/pdf/SchiavoFinalReport.pdf

http://www.opinionjournal.com/columnists/bminiter/
'Culture of Life'
The Schiavo case shows that it's about more than abortion.

by Brendon Miniter

Perhaps it is fitting then that this debate should reach a crescendo in the run-up to Easter, a celebration ultimately about the resurrection of life. Several high-profile events have made Americans think about life in ways they might have otherwise been able to avoid. Ashley Smith helped bring in alleged murderer Brian Nichols by convincing him that his life still had meaning, even if he should spend the rest of it behind bars. One way she did this was by reading to him from the best-selling book "A Purpose-Driven Life." Scott Peterson was sentenced to death recently for the murder of his pregnant wife and their unborn son, Conner, who in different circumstances would have been considered a clump of cells. And Pope John Paul II's health has made many Catholics confront the realities of growing old and frail. He has persisted in carrying out his duties, even as Parkinson's disease is robbing him of his abilities, demonstrating that even a life much reduced has tremendous meaning.

This is the backdrop of the national stage upon which Terri Schiavo has been thrust. Her husband, Michael Schiavo, insists her life no longer has meaning and that it was her wish not to live on under such circumstances. Mr. Schaivo blames House Majority Leader Tom DeLay and other Republicans for bringing the federal government into what he sees as purely a private family matter. But this case was destined to make it into the national consciousness long before Washington politicians got involved. Her parents were never going to go along quietly with killing her. They even set up a foundation in Terri's name to help publicize her case, raise money and provide for her care. Mrs. Schiavo isn't a cause célèbre for Republicans. The struggle to keep her alive embodies the larger right-to-life battle millions of Americans have been fighting for decades.

http://www.firstthings.com/ftissues/ft9504/articles/harvey.html
Dying Like a Dog by Nancy Harvey

If we are serious about fighting the euthanasia movement, I believe we must fight the idea that our status as members of the human family depends on our health, that under certain circumstances we will no longer be nurtured, our basic needs will purposely be ignored, and we will be abandoned to suffer and die. If we establish the idea that people no longer have lifetime membership in the human family, the practice of abandonment could become widespread--strongly encouraged perhaps by insurance carriers to cut costs. Then we may find ourselves no longer able to choose to die a death befitting the dignity of a man living to the end of his natural life, surrounded by concern for his comfort, and given the basic care his body still needs. Instead, our death will resemble the death of an unwanted dog who is abandoned by his owners and left to die of starvation and dehydration. Every responsible pet owner knows that it is a cruel fate for an animal, no matter how old or sick. And those who see a worn-out horse or an old dog left without food and water can call the police.
But if we decide that it is acceptable to treat humans worse than we treat animals, it should not surprise us if many people at the grassroots level decide that as along as they have to die like a dog, they would rather not suffer the fate of an abandoned stray. We should not be surprised if they work long and hard for the legal right to be quickly and painlessly "put to sleep" by the family "vet." Once this is accomplished, the evil inherent in such a practice will become all too apparent.
 

http://www.townhall.com/columnists/michellemalkin/mm20050323.shtml
The MSM's life and death distortions

by Michelle Malkin

ABC News did not see fit to inform either the poll takers or its viewers of the truth. Instead, it misled them -- and the result was a poll response that produced -- voila! -- "broad public disapproval" for any government intervention to spare Terri from slowly starving to death. Blogger Ed Morrissey of Captain's Quarters (captainsquartersblog.com) noted: "Either ABC is completely incompetent in conducting research, or they have attempted to fool their viewers and readership with false polling that essentially lies about the case in question. Since when does ABC conduct push polling for euthanasia?"

http://www.opinionjournal.com/best/?id=110006455
Starting Anew?

by James Taranto

For eight years Mr. Schiavo failed to carry out what he now insists--and his supporters unquestioningly assert--were her wishes. Furthermore, as we noted yesterday, after his change of heart about whether his wife could be saved, he took up with another woman, fathered two children with her and announced his intention to marry her.

Again, the point here is not that any of this behavior is blameworthy, but rather that it provides ample reason to doubt whether Mr. Schiavo can be trusted to act on Mrs. Schiavo's behalf.

 

http://www.opinionjournal.com/columnists/pnoonan/
'Don't Kick It'

by Peggy Noonan

The supporters of Terri Schiavo's right to continue living have fought for her heroically, through the courts and through the legislatures. They're still fighting. They really mean it. And they have memories.

On the other side of this debate, one would assume there is an equally well organized and passionate group of organizations deeply committed to removing Terri Schiavo's feeding tube. But that's not true. There's just about no one on the other side. Or rather there is one person, a disaffected husband who insists Terri once told him she didn't want to be kept alive by extraordinary measures.

He has fought the battle to kill her with a determination that at this point seems not single-minded or passionate but strange. His former wife's parents and family are eager to care for her and do care for her, every day. He doesn't have to do a thing. His wife is not kept alive by extraordinary measures--she breathes on her own, is not on a respirator. All she needs to continue existing--and to continue being alive so that life can produce whatever miracle it may produce--is a feeding tube.

It doesn't seem a lot.

http://www.nationalreview.com/mccarthy/mccarthy200503221329.asp
Ducking Tough Questions

The federal court declines to reinsert Terri Schiavo’s feeding tube.

by Andrew C. McCarthy

But most disturbing about Judge Whittemore’s opinion is its refusal to delve into the questions that impelled Congress to act in the first place: Whether Terri is really a PVS case and whether she really evinced an informed desire not to be sustained — let alone to submit to two weeks of starvation and dehydration, which is unquestionably torture for a person who is responsive to stimuli and aware of pain.

Not only does Whittemore decline to get into the heart of the matter. In the one fleeting footnote in which he alludes to it, he blames Terri’s parents and their attorneys for this dereliction: “Plaintiffs have submitted affidavits of health care professionals regarding Theresa’s medical status, treatment techniques and therapies which are available and their opinions regarding how and whether these treatments might improve Theresa’s condition. Plaintiffs have not, however, discussed these affidavits in their papers and how they relate to the claimed constitutional deprivations.” (Italics mine.)

Did Judge Whittemore really think the Schindlers submitted these affidavits simply to pad their submission with physical heft? Those submissions were obviously included because Terri’s parents contend the factual findings made in Florida are wrong, and could be proved wrong at a de novo hearing.

When Congress provided for de novo review, uninhibited by what had already been determined in Florida, it seems clear that this is what they thought they were getting at. They were saying: Before we allow state action to deprive the constitutional right to life, let’s be certain we really are dealing with a PVS case and a woman who actually made an informed choice to refuse sustenance. Judge Whittemore, to the contrary, has decided to interpret Congress’s command as limited to an inquiry about whether Florida’s procedures are likely to produce good results. As for the results actually produced — a finding of PVS and informed choice to die — he doesn’t see the need to kick those tires because, he lamely notes, the Schindlers haven’t explained how they could possibly relevant.

The judge, I believe, is wrong and needlessly stingy in construing what the just-passed law directs him to do. Terri Schiavo has had neither the standard medical tests (including an MRI and PET scan) nor the extensive clinical observation that should be mandatory for any finding of PVS on which an effective death sentence is to be predicated. If the proof supporting the PVS finding or the informed-choice finding — which Florida law require to be proved by clear and convincing evidence — is blatantly inadequate, then she has then not received the due process of law necessary to justify a taking of life under the Fifth and Fourteenth Amendments. If she is not a PVS case and she is being tortured by starvation and dehydration, the Florida ruling removing the feeding tube is subjecting her to cruel and unusual punishment under the Eighth Amendment.

That’s what we need a de novo review of: Why weren’t standard tests done, why shouldn’t they be done before a final PVS conclusion is made, and, in their absence, why should we be confident in the accuracy of the PVS diagnosis? There may be good answers to all these questions, but that is what evidentiary hearings are for.

Wednesday, March 23, 2005
http://www.nationalreview.com/thecorner/corner.asp
RE: ABANDONED TO RHETORIC [Andy McCarthy]
John, I have resisted getting into this with you because I have enormous
respect for you, I don't think your position is unreasonable (I just don't
buy it), and I sense I have already burdened people enough with my views
about this case -- they can decide at this point for themselves. But I don't
believe I have abandoned myself to rhetoric. I have committed myself to
logic.

First of all, I do not doubt the propriety of the people of Florida
governing themselves, or that they may deny sustenance to a person who (a)
actually is in a PVS and (b) actually has asserted in a knowing and
intelligent way a rejection of life saving measures in certain dire
circumstances. What I object to here is the appallingly suspect evidentiary
record on these two crucial questions -- especially on PVS, where it seems
indisputable that fairly standard tests, which would be easy to do in
relatively short order and which could give us confidence in the PVS
finding, have not been done. If we can be confident that Terri is a PVS case
-- and particularly that her brain damage has left her largely insensitive
to pain -- I seal my lips and accept the outcome, however much I may
question its wisdom insofar as society's general regard for life is
concerned. Under such circumstances, the Supreme Court has said sustenance
may be withheld, and the absence of pain would destroy my contention that
she is being tortured.

I am not interested in attacking the motives of Michael Schiavo (something
that seems to be of importance to you) unless the evidence against him
becomes more reliable than it is now -- although I do believe his incentives
are highly relevant on the question whether Terri actually evinced a desire
not to have life sustaining measures because he is the primary witness on
that score. But I must say that on this score it has seemed to me, reading
your exchanges with others, that it is you who is abandoned to rhetoric.
Much as I instinctively agree with you that a spouse should be given great
deference in these matters (and as I would try to ensure that my own wife
had a free hand in making them for me), the law is that it is not the
spouse's decision. It is the individual's decision, and it cannot be removed
from the individual because you decide that in your own life you would not
want intrusion into what you regard as your affairs. My view is that the
proof that Terri actually made this election is highly suspect. (It is worth
noting that a court, for example, is not permitted to allow something so
comparatively inconsequential as a confession into evidence in a criminal
case without clear and convincing evidence that the defendant's waiver of
the Fifth Amendment privilege was knowing and intelligent.) I would like to
see the issue fully reviewed by an impartial federal court (as I believe
there is great reason to question the impartiality of the judicial
proceeding in Florida). Again, if after a full and fair hearing the federal
court determines that Michael is credible and Terri did make this assertion,
I have nothing to complain about. As the Supreme Court's Cruzan case
indicates, the proof in this regard need not be inarguable, but it does have
to be credible.

Finally, your argument that the difference between starving and dehydrating
someone versus shooting her is that "for crying out loud ... one thing is
morally acceptable to the US public (including me), and the other isn't,"
hardly seems to me like a model of logic over rhetoric.

We are talking about different methods to induce death for an arguably
non-PVS person. Your suggestion that lock-em-in-a-cell versus
shackle-and-flog-em is somehow an apt analogy is beneath someone of your
superior intellect. Locking someone in a cell is detention; shackling and
flogging someone is torture. They are different not only in degree but in
kind -- they are not even aimed at the same end. That is not a worthy
comparison. But if it's the other side's shooting analogy you think is
silly, fair enough. Let's leave that aside.

The argument is here is about analogous methods of denying sustenance, let's
say starving/dehydrating versus suffocating (instead of shooting), aimed
actually at achieving the same end: death by court order. My point is, if
the person is non-PVS and aware of pain, both are forms of cold-blooded
murder. The only meaningful difference is one is slow, less blatant, and
designed to be less offensive to the spectator (regardless that it may be
more painful to the victim), while the other is swifter, colder and more
offensive to the spectator. It is not more immoral -- just more obviously
immoral (even if it is actually more merciful to the victim). If your point
here is that the latter is unacceptable but the former is OK for no better
reason than that you and some polled majority of some cross-section of the
population thinks so, I don't think that's very principled.
 

http://www.nationalreview.com/mccarthy/mccarthy200503281208.asp

PVS and the End of Life

by Andrew McCarthy

As death nears for a daughter well into her eleventh day (and beyond her 250th hour) of court-sanctioned starvation and dehydration, Terri Schiavo’s parents have nearly abandoned their battle to have public officials — federal, state, or local; judicial, legislative, or executive — vindicate their daughter’s basic right to life.
 
It has been wrenching to watch as door after door was slammed on them. It has been breathtaking to witness capital-punishment opponents — who, in the name of making certain the wrong person is not executed, would move heaven and earth to impose DNA testing for the benefit of death-row murderers long exhausted of their multiple state and federal reviews — sit on their hands as an innocent woman was effectively executed on the basis of appallingly thin factual findings made on a civil standard of proof without independent counsel or a jury trial.  

And now the final, excruciating indignity awaits. Once Terri dies — whether it is today, tomorrow, or within the next few days — the system that betrayed her in life will again abandon her in death. On current plan, there will be no autopsy or inquest. Terri’s parents will not be permitted religious rites and an interment — the catharsis that might give them some peace for the daughter to whom they have been singularly faithful. Instead, they will be forced to watch yet again as Terri’s nominal husband Michael Schiavo — engaged to another woman for years while Terri withered, with whom he has children — is permitted to whisk the corpse away for a quick cremation in Pennsylvania, leaving doubts forever to linger.

Against that mind-boggling background, the U.S. Congress — which proved ineffectual in getting its courts to deign to give the facts of Terri’s case a fraction of the attention those courts would unilaterally have demanded be given the plight of a detained al Qaeda terrorist — will now apparently take up the issue of so-called “end-of-life” decisions. This time, appropriately, the examination will not be in haste. Yet, while we can hope Congress will take note of the painful Schiavo facts, it would be a mistake to make Terri’s case the model for reform.