Irony
by Steve M
If youre following the Shaivo case you know that the Republicans, and Bush have been sqauking loudly about the need to protect life at all costs. Here's what they didnt tell you:
In 1999, then-Texas Gov. George W. Bush signed a law establishing
procedures for hospitals and physicians to withhold life-sustaining care
from patients with conditions deemed hopeless, even over relatives'
protests. The legislation affords a family 10 days' notice to find
another facility. Last week, Texas Children's Hospital in Houston
invoked the law to remove a 6-month-old boy from his breathing tube
against his mother's wishes.
Comments
It all seems like a slam dunk to me. Allow the guy the divorce and let him go on and marry his firlfriend if he wants. Regardless of whether or not Terry is a financial burder, he is still married and that in itself is a burden of some sort to him.
Secondly, Congress did overstep its boiunds as it does every day it is in session. Federalism is out the window and that is a problem. I am no expert on Florida's constitution but I would bet that it makes no provision for forcing taxpayers to support high-profile invalids.
As I said before, I have some sympathy for the husband in this case. But the law should clearly err on the side of caution - Schiavo is presumed to be acting in his wife's best interest by the courts. My two objections to this are that she left no clear directive that can legally be discerned directly. Mr. Schiavo has had several clear conflicts of interest (new family and the money from the malpractice settlement (now consumed). Either he is right, and he is acting in her best interest, or he wishes to terminate her food and water for another purpose. Again, in the absence of a clear directive, shouldn't the default be in favor of preserving life, no matter how meager? Second, the state of Florida either broke its own rules, or else modified them since the Schiavo case arose (the citation I read clearly states the criteria for living will, advance directive, and durable healtcare power of attorney). Either way, their law shoul have been clearer, and the several last- minute (and somewhat ex-post-facto) laws passed by both the Florida and Federal legislatures woul be pure grandstanding, except that there is an element of "we screwed up" in them. Having said all that, and admitting my own personal bias in Terri's favor, I think these kinds of decisions are much better handled between the patient, the physician, and the family. Clearly the state has shown itself to be incompetent to protect the interests of a very sick woman. More government intervention just makes bad situations worse.
From every account I have read, Michael Schiavo does not pay for her care, so allowing her to die wouldn't ease any financial burden for him. I don't have the data offhand but I think it is Medicare or Medicaid that pays for it and that additional support is provided by the hospice where she is receiving her care. If I am mistaken, I welcome a correction. Also, I can certainly understand the viewpoint that says the default option should be the feeding tube if there is no clear-cut paperwork indicating another wish...that being said, the courts have ruled (many times). I can understand if people want to change the laws...I say go for it! These things should be clearly defined. But what I'm wondering is if you are you making an argument that a law has been broken or that the courts have behaved in an illegal manner? Regardless of your personal opinion of Michael Schiavo, I have to wonder why you aren't more offended by Congress' attempt to undermine Checks & Balances in the name of a political advantage. Finally, I have to say that I don't think it's bad that he has a girlfriend or even has kids with her. Terri entered her present state about 15 years ago...the guy should be allowed to move on.
In trying to do whats right, may some pols be going overboard? Gov. Bush Seeks to Take Custody of Schiavo By JILL BARTON, Associated Press Writer Wednesday, March 23, 2005 Terri Schiavo's parents saw their options vanish one by one Wednesday as a federal appeals court refused to reinsert her feeding tube and the Florida Legislature decided not to intervene in the epic struggle. Refusing to give up, Gov. Jeb Bush sought court permission to take custody of Schiavo
Yep, still married. (I won't speak about his kids with his shack-up girlfriend). He claims that Terry told him she would not wish to be kept alive in that manner. Personally, I find his statements to be less than definitive evidence of any such wish. In the absence of firm evidence, such as a living will or advance-care directive, I think the default setting should be a minimum of care, such as a feeding tube. But if Schiavo doesn't want to be financially responsible, the state should let him divorce her if her parents are willing to assume responsibility for her interests. Florida officials have not distinguished themselves on this issue, in fact, they have made a titanic bungle of it.
Wait a minute. Is it true that they are still married? If so, from what I've heard, the whole debacle is based around the fact that she cannot consent to a divorce in her present state. If that is true then his only recourse is for her to die. And if this is the case, why won't the courts grant him a divorce?
Again, please forgive me if I know not of what I speak. I did not follow the case until until the congressional power grab.
Well, Doug, I'm glad you asked that question. I didn't touch on it before, personally, because I believe she should be allowed to live. I think her "husband" has acted like a mendacious piece of crap. I think the state of Florida should be ashamed of itself for legislating immorally, and then legislating some more to try to get out of the consequences. I think the Bush Brothers, and the whole Florida and Federal legislatures have turned this into a political grandstand. I think a lot of people picked a side a long time ago, and are not willing to look at the facts of this case. She should be released into the custody of her parents, who are the people who have shown the most concern for her. Her husband should be released from any further obligations to her, financial or otherwise, which it seems to me is all he wants, now that her malpractice settlement has all been spent on her care. But government at all levels has shown a merciless insistance in maintaining control over the lives of all subject to them.
I've been waiting for you guys to mention the Schiavo case. This is a ridiculous and cynical power grab by Congressional Republicans and your silence was deafening. Seriously...what took so long?
As we saw years ago in Roe vs. Wade, Texas has the worst record when it comes to producing inadequate or meddlesome state legislation that ends up de facto federalizing an issue. Let's pass a law that laws made in Florida and Texas are not to be used as legal precedents either by other states or the US Supreme Court! I truly feel for that poor woman and her family, and have even mustered a smidge of sympathy for the resolutely unsympathetic husband. The Florida courts have done their job, and applied the law. As imperfect as we know that is, federalizing this issue is a guarantee of more federal interference in similar issues in the future. These vultures see this simply as a political opportunity.
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