
“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
JOE FORD
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.

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.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. |
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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
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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
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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.
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