Terri Schiavo’s Life is Spared Temporarily

by La Shawn on March 21, 2005

in Schiavo

Stay informed at FOX News.
—————————————————————————————————

I’ve been up since 4:00 a.m., and someone still scooped me on this one. Terri Schiavo will live another day. According to the San Francisco Chronicle:

President Bush and Congress early today gave federal courts jurisdiction over the case of a brain-damaged Florida woman, an extraordinary legislative move designed to permit the reinsertion of a feeding tube that a state court allowed to be removed Friday.

Republican supporters called the emergency bill a “Palm Sunday Compromise” that will keep Terri Schiavo, 41, alive….

The House passed the bill on a 203-58 vote after calling lawmakers back for a Sunday session that stretched past midnight. Bay Area House members did not return for the vote.

The bill, which had been approved by the Senate just hours before, was then rushed to President Bush, who signed the measure into law at 1:22 a.m. today after racing back from Texas on Sunday. My Way News has more updates.

(Big hat tip to Jody at Steal the Bandwagon)

Also see Captain’s Quarters and Michelle Malkin (who scooped us all). Are you blogging about this? Trackback to this post, and I’ll include your link in the round-up.

Liberals for Terri!

Other Terri bloggers: Sierra Faith, Ramblings’ Journal, Double Toothpicks, Down with Absolutes, Pajama Hadin, Musing Minds, Secure Liberty, Sister Toldjah (nice long post), Oh How I Love Jesus, Hugh Hewitt, UNCoRRELATED

Joshua Claybourn beat me to the punch on this. He discusses the constitutionality of the federal law Bush just signed. Jeff Jarvis raises some valid points.

More bloggers: Lucid Moments, Everything I Know is Wrong

Update (2:29 p.m.): I can’t remember where I read the time, but I think the federal judge with jurisdiction over this case will either issue a ruling at 3:00 p.m. or will begin the hearing at that time. See this story for more information.

Catez is blogging for Terri in New Zealand.

Update II: Even more Terri blogging – Different River, Outside the Beltway, The View From the Nest, ThoughtsOnline, Reformed Politics, JustOneMinute, The Reid Blog

Someone asked about a baby in Texas removed from life support. Here’s the link. As tragic as it is, keep this distinction in mind: Unlike the baby, Terri Schiavo is not on life support. She will die not from her brain injury or failure to breath on her own. She will die of starvation. That will be the cause of death.

Also see this Q&A on the Schiavo case.

{ 28 trackbacks }

Sierra Faith
03.21.05 at 7:46 am
Ramblings' Journal
03.21.05 at 7:54 am
DOUBLE TOOTHPICKS
03.21.05 at 8:51 am
Down with Absolutes!
03.21.05 at 8:57 am
Pajama Hadin
03.21.05 at 9:29 am
Musing Minds
03.21.05 at 9:37 am
Secure Liberty
03.21.05 at 9:38 am
Sister Toldjah
03.21.05 at 10:02 am
Oh How I Love Jesus
03.21.05 at 10:07 am
Daddypundit
03.21.05 at 11:38 am
UNCoRRELATED
03.21.05 at 11:48 am
Lucid Moments
03.21.05 at 12:11 pm
Everything I Know Is Wrong
03.21.05 at 12:12 pm
The Anchoress
03.21.05 at 12:33 pm
UNCoRRELATED
03.21.05 at 12:38 pm
Reformed Politics
03.21.05 at 1:02 pm
ThoughtsOnline
03.21.05 at 1:53 pm
The View From The Nest
03.21.05 at 2:52 pm
Outside The Beltway
03.21.05 at 3:12 pm
Different River
03.21.05 at 3:42 pm
Different River
03.21.05 at 3:43 pm
Different River
03.21.05 at 3:43 pm
ReidBlog
03.21.05 at 8:05 pm
Thirty Second Thoughts
03.21.05 at 9:45 pm
Peaktalk
03.21.05 at 10:58 pm
Reformed Politics
03.22.05 at 12:29 am
JackLewis.net
03.22.05 at 10:06 am
blog.mintruth.com
03.28.05 at 12:13 am

{ 76 comments }

Filly 03.21.05 at 8:06 am

It was appalling to watch as Pro-Death Democrats rallied on Capitol Hill to protect our Constitutional right to kill the inconvenient. While they rail against the slaughter of war they prefer a much more personal form of killing through abortion and euthanasia. You know what they say about true colors…

Mark 03.21.05 at 8:11 am

Thank, G-d ! and Tom Delay.

I just saw a picture of the defeated Democrats they look like they lost everything in the world to them. They are a party in decline they are sinking faster than an old leaky boat and they keep drilling holes in it to try to let the water out. which is probably a kennedy idea afterall he is aka ‘the Swimmer’.

They offer nothing to the country except excuses, and blame fro other guy.

They define themselves by what they are the party of ‘death and abortion’ and the attitude of these people is clear, it is a ‘Throw Away Society’ and that is on their heads.

Mark

Dan 03.21.05 at 8:11 am

Well, of course…A previously productive member of society who is now capacitated can’t pay taxes. Why would the DIMocrats want that?

However, someone who kills another person in cold blood just has a mental problem that can be worked out and solved…they can work again…and VOILA! TAX MONEY!

If you can’t give Liberals anything to take from you, they don’t want you. This goes from people like Terri Schiavo down to unborn children.

Ain’t Dim’s grand?

When will people wake up and smell the coffee?

actus 03.21.05 at 8:16 am

Is it true her care is paid for by a malpractice award? what happens when that money runs out? is it then moral to pull the tube against the family’s wishes?

Aaron Newswanger 03.21.05 at 8:22 am

YEAH !! for the power of blogs and talk radio in
making this a national issue. Thanks for your part.
Aaron

DarkStar 03.21.05 at 8:58 am

They want to murder Terri.

But I have a very strong problem with congress getting involved.

The legalities of this are going to cause waves for years to come.

La Shawn 03.21.05 at 9:12 am

You’re right, DS, the same way campaign finance reform is causing waves already. But desperate circumstances call for desperate measures.

M. Woodward 03.21.05 at 9:13 am

I know that this is a supercharged issue but, it is ludicrous for Congress to be taking up this issue. Having said that, this situation is absolutely gut wrenching, I am torn between this woman living and this bible verse:

Matthew 19:5-6

“…For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh. So they are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate.

As gut wrenching as it may be, according to the Bible, and the law of the land (according to the courts) it is the husband’s call.

Even if you do not believe in the Bible, Congress has no business sticking its nose into a matter that has been decided in the courts and refused audience in the Supreme Court. A very dangerous precedent was set this weekend.

Steve Bragg 03.21.05 at 9:20 am

La Shawn,

Can you please put this URL with DOUBLE TOOTHPICKS, above:

http://christnu.org/2005/03/index.php#0321050704

Somehow, your link above to us isn’t really a link.

Thanks,

Steve Bragg
DOUBLE TOOTHPICKS

Jeanne 03.21.05 at 9:29 am

Darkstar,

Federal avenues for appeal have ALWAYS been available to those convicted of crimes.

This is no different. Why should those same avenue of appeals not be open to an innocent woman as well?

actus 03.21.05 at 9:32 am

“Federal avenues for appeal have ALWAYS been available to those convicted of crimes.”

Of state crimes, only if there is a federal question, such as a constitutional violation.

La Shawn 03.21.05 at 9:34 am

For those who assert that Congress has no business in the case, on what do you base such claims?

Christopher Arps 03.21.05 at 9:34 am

I’ve been following the Schiavo case, but not writing sbout it, simply becaue the whole affair literally makes me sick to my stomach! The idea that this man, who took a vow to be with this woman through sickness and health, is trying to murder her so he can marry his girlfriend that he has two illegitmate children with is disgusting.

I watched the debate last night on C-span, it was almost surreal to see the Democrats arguing passionately for her starvation. As an African American, even worse was seeing black democrats arguing against saving her life and throwing veiled racist inuendos around that all this effort by Republicans is for one (white) person, while blacks are suffering from inadequate healthcare. One Black female member from Indiana even mentioned the cost($5 million dollars) of having this special session of Congress. How can you put a price tag on human life?

What has our society become when men murder their preganant wives on Christmas Eve, chilfren are abducted and murdered, and a United States Congressman mentions cost on the floor of the House when debating life and death?

actus 03.21.05 at 9:39 am

“For those who assert that Congress has no business in the case, on what do you base such claims?”

Probably general federalism concerns. Most anti-federalist believers in national power wouldn’t find this to be a problem under the commerce clause though. But they might feel squeamish about large national power that is also so directed at an individual, vs also national in scope.

M. Woodward 03.21.05 at 9:56 am

LaShawn:

That is a very valid question. I would like to answer your question with another, where in the Constitution is the power that Congress in asserting specifically enumerated? Also, where in the Constitution does it state that Congress (not the Supreme Court)can subvert the rule of a state supreme court because it (Congress) didn’t like the outcome?

I submit that power does not exist. That is why this round-a-bout subpoena of a person that there is not even an expectation of testimony was issued. Look, I would like to see Mrs. Schiavo live as mouch as anyone, but this issue has already been argued in the courts and I have no idea what her and her spouse may have dicussed on this subject.

One last question, if you and your husband (I don’t know if you are married or not) decided what to do in a situation like this, and in the carrying out of your spouse’s wishes, would you like for Congress to jump in and “We don’t like your (you and your husband’s) decision, so we are going to make it for you.”

Congress has trampled on state’s rights and the rule of law. Sometimes we may not agree with the law but, we must accept it. We are a noation of laws, right? What about this situation has changed the fact the next of kin (in this case the husband) is responsible for making these types of decisions?

M. Woodward 03.21.05 at 9:57 am

I’m sorry, my comments were directed at “Actus” not LaShawn.

actus 03.21.05 at 10:22 am

“Also, where in the Constitution does it state that Congress (not the Supreme Court)can subvert the rule of a state supreme court because it (Congress) didn’t like the outcome?”

That would probably be the supremacy clause. But there is also very wide power in the commerce clause. Lately the court has scaled back this power, led by the thomas/scalia/rehnquist wing of the court.

D.C. Chang 03.21.05 at 10:31 am

M. Woodward,

I believe your comments are on target. Matthew 19 is clear that the relationship between husband and wife supersedes the relationship between parent and child. Terri’s husband should have authority to decide, not Terri’s parents and certainly not our government. Although Terri’s parents have concerns about Michael’s motive and character, how many parents in this country don’t have some problems with their son-in-law or daughter-in-law?

Dave in AZ 03.21.05 at 10:37 am

Christopher,
the answer to your question of “what has our society become…………” is “Godless”.

actus 03.21.05 at 10:39 am

Oh. And there’s also probably a 14th amendment due process claim: mixed substantive and procedural.

M. Woodward 03.21.05 at 10:41 am

Actus:

That may be true, but isn’t the supremacy clause only in affect when a state law is in direct conflict with a federal law? That is not the case here. There was no federal law, so what Congress did was say, “Hold on we are going to use a backdoor (subpoena) to buy time, then try and pass a law that does not exist, then make you follow it.” This is dangerous…

actus 03.21.05 at 11:12 am

“That is not the case here. There was no federal law”

Well, now there is.

M. Woodward 03.21.05 at 11:27 am

Actus:

But, that law is probably unconstitutional and the supremacy clause can only be used when Congress “legislates constitutionally.” I think that it is dangerous when Congress passes laws without regard to the constitutionality of the law. The Supreme Court already saw no basis to review the case, this is a subversion of government checks and balances. They all take an oath to uphold and defend the Constitution above all.

This is just the opposite of “legislating from the bench”, it is law interpretation from Congress. Both are wrong.

Pat'sRick? 03.21.05 at 11:28 am

The amazing thing is the way the media presents the issue: “He has battled for years with his wife’s parents over whether she should be permitted to die or kept alive through the feeding tube.” Why not, “He has battled for years with his wife’s parents over whether he should be allowed to kill her or she should be permitted to live”?
By his own words on CNN last night, he doesn’t know what Terri wants, but he wants her dead.

Mark 03.21.05 at 11:35 am

I see everyone is “REAL” concerned about Michael Schiavo rights. This is the Left-sided view, of course.

They want, I mean really want to kill a young girl for no other reason except to further their agenda, which is socialism., just like the Netherlands where Euthenaisa is readily accepted. The Death-o-crats are really disappointed they couldn’t kill this woman.

They say well her husband said this, ‘She didn’t want to live like this’.. according to what I have been reading .. He did not come up with this statement until after he won the malpractice suit . How convenient, there are good suspicions about the husband, and in spirt of good democrat thought if there is the least bit of evidence of this there should be an investigation.

What is so wrong in erring on the side of Life, They can always murder her in the future, something for the socialist left to look forward to, is that so bad. As far as I am concerned the husband should not have any say in the matter, he abandoned his wife years ago and started a new life, but convienently this is never reported.

This wonderful husband has never allowed any therapy in a hope that Terri may/might improve, again this is never brought up.

The bottom line is this if she were on Death row these leftist-morons would be stumbleling all over themselves trying to save JUST ONE LIFE.,

These people are the most self-rightous, self-serving hypocrites ever.

Joshua Claybourn 03.21.05 at 11:38 am

Captain’s Quarters and Michelle Malkin hardly scooped anyone.

actus 03.21.05 at 11:52 am

“I think that it is dangerous when Congress passes laws without regard to the constitutionality of the law.”

In terms of the supremacy clause this is fine. And the Supreme court’s lack of review doesn’t forestall the congressional creation of a new cause of action.

M. Woodward 03.21.05 at 12:06 pm

Actus:

I guess we can agree to disagree, I think that this is an end-around and perversion of the process of creating law and the supremacy clause does not apply because there was no conflict between state and federal law at the time of the action taken by Congress. That conflict was created after the fact.

ken 03.21.05 at 12:23 pm

Why wasn’t this case given the same treatment as Terri’s. Hopefully I can find the Law which backed up the moves of the hospital.

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43311

stan 03.21.05 at 12:29 pm

The irony…in the 2000 election, Republicans insist on following the state of Florida’s rulings on the vote and Dems want it taken to higher courts. 2005 and the Schiavo case…Dems want to reassert state’s rights, Republicans want to go to higher court. Florida’s courts don’t get any respect. Whole lot of posturing going on on both sides. But the C-Span coverage showed how democracy works. All the arguments were made on both sides and public opinion polls on Fox show massive support for the Democrats’ arguments.

LawWife 03.21.05 at 12:39 pm
Mark 03.21.05 at 1:04 pm

Of those public opinion polls how many people who have voted in these ’so-called’ public opinion polls have any real idea that this is a ‘Right to life’ case, not a right to die case as the Press and the Death-o-crats want everybody to believe.

People want to quote the constitution so much where does it give the husband the right to kill his wife. Also it is the Death-o-crats that want to kill this woman. Its the Democrats that stand for death just look at their track record that speaks for itself. It is the Conservatives who stand for Liberty and Life.

The Democrats don’t think she has any rights,.. aha but she does, and congress does have the right to intervene, according to article 3 of the constitution. The Congress has every right to rein in the Judiciary, this right was given because the Judiciary is appointed not elected.

The Congress can change at any time this lifetime appointment to the courts, this was done as convenience, but it has gotten to the point where the courts decide to make laws on their own and are never held accountable, and this the Congress can change too.

stan 03.21.05 at 1:14 pm

Mark,

What specifically in article 3 gives the Congress the right to intervene in the judiciary and rein them in?

actus 03.21.05 at 1:49 pm

“That conflict was created after the fact.”

And so now that there is a conflict, the supremacy clause tells us how to resolve it. The supremacy doesn’t say that conflicts can’t be created.

mj 03.21.05 at 1:54 pm

I read an article that she was bullemic and/or anorexic, which led to the breakdown of her body and her collapse. So in a way, it’s ironic that they wanted to remove the tube because she was trying to kill herself via eating disorders.

I’m surprised that the “take responsibility for your own actions” conservatives aren’t pointing out her selfishness: she refused to eat normally for several years, she didn’t create a living will in spite of her psychological and physical dysfunctions, and is now leaving her family and the nation to fight for her.

DeputyHeadmistress 03.21.05 at 2:02 pm

We have blogged about the Schiavo case on our family’s blog. Since we have a child with profound retardation who cannot speak for herself, we feel very strongly about this. This is not about death with dignity. It’s about killing the disabled when they are inconvenient.

Michael Schiavo testified in court during his lawsuit that he loved Terri and needed money for her longterm care and therapy. He cut the check, put a DNR on her chart and spent more than half of that money on lawyers to try to starve Terri to death. For years he never said anything to anybody about Terri’s so-called wish to die in such circumstances. He waited until he won that lawsuit to come up with that story.
He calls putting a washcloth under her hand to prevent muscle contractions ‘therapy’ and refused to let a nurse leave it there.

He’s been with his current common law wife for ten years and had children with her. He has testified in court that the reason he will not give guardianship to Terri’s parents is because of the h*ll they have put him through. After a quick conference with his lawyer, he added ‘oh, and yeah, they won’t respect her wishes.’ But he made it clear it’s all about HIS wishes.
One of his previous girlfriends testified that he had admitted to her that Terri had never told him anything about her wishes in a case like this- that he had no idea what she really would have wanted.

There’s more here:
http://www.zimp.org/stuff/

Terri has had to deal with Judge Greer acting as her guardian ad litum, which is highly questionable. The only court appointed GAL she had recommended that Terri’s wishes could _not_ be known and that Michael had a conflict of interest and should not be making decisions for her without a guardian speaking for her- and Judge Greer refused to reappoint another GAL.

There is so much wrong with the way the Judge and Michael have behaved in this case. Terri and her family deserve better.

DeputyHeadmistress 03.21.05 at 2:18 pm

It is not true that Terri’s care is paid for by the proceeds of Michael’s lawsuit on ‘her behalf.’ Once he won that lawsuit, he slapped a DNR order on her charts and then spent large portions of her money for lawyers to attempt to kill her, placing Terri in hospice (contrary to state law in her case) and put her on Medicaid (also without properly following legal requirements).
As her guardian he has not followed state law for reporting guardianship plans, either, but Judge Greer continues to give him a pass on that, too.

We dn’t know exactly what he’s done with all the money because there’s been no thorough reporting, but we do know over 400,000 dollars went to the Hemlock society, euthanasia supporting lawyers.

Catez 03.21.05 at 2:26 pm

As far as I can tell I scooped everyone on your list. Comes from being in a different time zone. And… I don’t like how long the federal judge is taking. It’s making me nervous!

jesse 03.21.05 at 2:27 pm

I have been following this, it is a shame that it has come to this point where the US congress and the President have to intervene in what should be an open – close common sense decision. js

Dan F 03.21.05 at 2:36 pm

Hey LaShawn, the Bayly brother pastors are blogging from the scene in Florida. They have a lot of good thoughts, along with the latest news. You may want to add a link to their site:

http://timbayly.worldmagblog.com/timbayly/

Frank Zavisca 03.21.05 at 3:48 pm

To All:

Sorry: As a pro-life Republican physician, I have followed the Schiavo case. And until last week, I was somewhat supportive of the Schindlers.

It’s not the liberal Democrats who have been so evasive about the truth in the Schiavo case. It’s the “pro life” Republicans who have not fully disclosed the facts about Terri.

19 judges have examined the Schiavo case, yet only last week was the truth made crystal clear – that Terri has “no cortical function” – tested by CT scan that shows atrophy of the cortex (thinking part of the brain) an flat brain waves – further proof of this.

Terri does not see and talk and laugh and follow baloons with her eyes – indeed, the one video is deceptive – her eyem movements followed the baloon once, but this couldn’t be repeated; most likely coincidence.

Terri’s mother said she “telked to Terri” – convenient for the “pro-life” politicos, but simply untrue. People with “no cortical function” don’t see, talk, feel pain, think, or suffer.

Indeed, the “pro-life” Republicans still have not told the truth to the world – Terri is not going to get better, or suffer if she is not fed.

This is just a medical fact of life.

smithers 03.21.05 at 4:46 pm

What about Terri?

Everyone is so quick to proclaim what God wanted in this situation and what Terri’s parents wanted in this situtaion and what Michael wanted in this situation, but what about Terri?

Actually, that is exactly what the lower courts determined… what Terri wanted. Given all the available evidence, a legitimate judicial ruling was made. And the conclusion was reached that Terri (not Michael, not her parents) would not want to be alive in a situation like this. Isn’t this really the moral choice? To respect Terri’s wishes.

As for everyone who keeps saying that Michael wants her dead… that’s a completely irresponsible and baseless charge. He has repeatedly offered to donate any balance of money left in Terri’s name to charities. Even though he could have walked away years ago and left her care to her parents, clearly his resolve to stay means he does not think her parents would pursue the end that Terri wanted… that Terri wanted, not her parents.

So he has a girlfriend now. That means nothing other than he has sought to make a life for himself given this terrible tragedy. Your imposed religious views aside, I see nothing wrong with Michael’s admirable act of trying to lead a fulfilling life with another person.

And this “Democrats are the party of death and destruction” stuff is just nonsense. Stop demonizing people just because they don’t agree with you. Do you really believe that Democrats are out to seek the destruction of the Country? That’s just nonsense, and it’s as bad as the democrats who say Republicans are just out to push religiion at the expense of everything else.

Bottom line, don’t believe the hype. Michael Schiavo has been trying his hardest not to kill Terri, but to ensure that her wishes were fulfilled. You may disagree with the choice Terri made, but there is nothing immoral going on here.

Paul - a physician in FL 03.21.05 at 4:51 pm

Part of the problem in this debate are that many people are ignorant about Terri’s mental status and prognosis. Pictures of her provided by her family show a woman who is slack-jawed with severe contractures in her extremities that are misunderstood as smiles. Her moans and vocalizations are not speech. She has existed in this state for many years with no improvement and her condition is hopeless by accounts of all responsible physicians who have examined her at the request of the court and who don’t have some political or social agenda.

Her husband has been vilified because he isn’t out to defend himself against a well organized media campaign. I find his quiet resolve dignified. If it were my spouse I hope they’d have the same strength to continue the fight to let me die with dignity. I also applaud that he isn’t taking videotapes and handing them out to the media to bolster his case in the court of public opinion as the family who are more concerned with their own needs are than doing the right thing by their daughter.

People – take some time to think and stop your knee jerk response. Terri is NOT mentally retarded, in a coma, a criminal or an unborn child. She is a severely brain damaged woman who has been living this way for over a decade.

Finally – easy to criticize her husband for having a family when you aren’t in this circumstance. And as far as I’m concerned he should be compensated with money from the malpractice award for his loss just as much as any other party.

Mark 03.21.05 at 5:04 pm

Stan:

Article 3 states and I am not going to got through the eniter Article, but an excerpt,” The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”.

The judiciary does NOT have the right to make its own laws which it has in the past for example Roe v. Wade.

Congress has every right to tighten the reins on the Supreme Court and all Federal Courts, they just have not in the past bothered with it, for why I have no idea. Probably because the Republicans did not have the majority to do it.

The Democrats have a very left-socialist agenda, they can not get their whacko agenda promoted via the Vote so they have packed the Courts in order to have their agenda pushed down our throats by judicial fiat.

They were given life time appointments back in the early 1800’s, by Congress for the purpose convenience to Congress and the President, and they have from time to time been held accountable,
Which is as it was written.

Justice Brier, has stated that he reads laws from other countries to see which way he should go,, this is not his job he is to interpret the Constitution of the United States and rule on the constitutionallity of the law that is their sole purpose.

The lefts claim that the 14th amemdment is where they found the ‘Right to Abortion’ how they found it there is beyond logic. It was ratified in 1868, primarily to keep former Confederates out of the government.

But it almost came back to bite them in the butt, there were a couple of organizations trying to use it against Hanoi john kerry for his seditious behavior against the United States while he was still in the U.S. Navy. That is still pending.

smithers 03.21.05 at 5:18 pm

Mark,
Give it a rest, man! Congratulations for having read a book on constitutional law, but what does any of this have to do with Terri?! You are talking moonbat conspiracy nonsense. Judge Greer was FOLLOWING THE LAW OF THE STATE OF FLORIDA when he made his decision regarding Terri. No one — not even the Republicans in Congress — is suggesting Judge Greer did anything illegal or unconstitutional, even though they are illogically calling him a renegade and activist. He was FOLLOWING THE LAW OF THE STATE OF FLORIDA. Don’t believe the hype, Mark. You’re just toeing the party line.

actus 03.21.05 at 5:18 pm

“The judiciary does NOT have the right to make its own laws which it has in the past for example Roe v. Wade.”

‘It is emphatically the province and duty of the judicial department to say what the law is.’ Marbury v. Madison, 1 Cranch 137 (1803).

smithers 03.21.05 at 5:20 pm

Enough from the legal sideline quarterbacks. This is the problem with being able to buy a J.D. from the local Home Depot. Please stop.

Dan F 03.21.05 at 5:28 pm

To Frank and Paul, the doctors,

I have a six week old baby. You have indicated we don’t know about Terri’s mental state, so let me tell you about his:

About Terri: “Pictures of her provided by her family show a woman who is slack-jawed with severe contractures in her extremities that are misunderstood as smiles.”
About my son: Pictures show what appear to be smiles, when in fact it was probably gas.

About Terri: “Her moans and vocalizations are not speech.”
About my son: He makes the sound “hiiii”, but he is not actually giving a greeting.

About Terri: “Terri does not see and talk and laugh and follow baloons with her eyes. – indeed, the one video is deceptive – her eyem movements followed the baloon once, but this couldn’t be repeated; most likely coincidence.”
About my son: He does not talk or laugh. He can see, but only a blur. If he follows something with his eyes it is probably a coincidence.

About Terri: She is not able to eat without assistance.
About my son: He is not able to eat without assistance.

I will not dispute your arguments, though I think some of them are incorrect. Instead I will say that according to your logic my son does not deserve to live. And I take that as a personal offense!

Now I know that you will say that my son has the promise of improvement. But my point still remains that you believe some life is valuable and some life is not. If Michael Schiavo can let his wife die, than any caregiver of anyone who has Alzheimer’s or MS (or you pick the disease)can let them die. As soon as the person can’t clearly communicate their own wishes anymore, let ‘em die.

And that is scary.

actus 03.21.05 at 5:32 pm

“. Instead I will say that according to your logic my son does not deserve to live. And I take that as a personal offense!”

Terri is in a persistent state. Your son’s state is not persistent.

smithers 03.21.05 at 5:33 pm

Dan F.,
You have completely misconstrued what happened. The ruling from the state court had nothing to do with what Michael (or any caretaker for that matter) wanted. It had to do with what Terri wanted. Terri told Michael that if she were incapacitated the way she is now, she would not want to be kept alive. Terri’s decision, not Mark’s. Michael fought to remove the tube not becuase Terri can’t speak for herself now but becuase when she could speak she said that she didn’t want to live like this. This isn’t about whether you or I or anyone else thinks Terri’s life is valuable, it is about whether Terri thought her life like it is now would be valuable. The evidence showed that she didn’t want to live the way she is now. What is wrong with respecting her wishes?

Christine Barlow 03.21.05 at 5:51 pm

If everyone in America knew all the details of the night Terri supposedly had a heart attack they would side with congress and Terri’s parents.If you keep food and water from an animal in your care you can spend one year in jail and be made to pay a five thousand dollar fine.Are humans below animals in the U.S. ????When I visit my daughters school there are many children there attached to feeding tubes.If their parents decide they have other children and don’t want them anymore they can just remove the feeding tube and murder them ???Terri’s so called husband makes me sick saying he loves Terri.He would have stood beside her and not have comitted adultry !!!!!!!!

Catez 03.21.05 at 5:54 pm

News just in: After a 2 hour hearing Judge Whittemore has said he will not make a decision now. He has not said when he will. Meanwhile this is Terri Schiavo’s third day without food and water. You’d think he’d get the tube reinserted while he’s making up his judicial mind.

smithers 03.21.05 at 5:55 pm

Christine,
Your anger prevents you from understanding what really is at issue here. The decision to withdraw the feeding tube was Terri’s, not Michael’s.

DarkStar 03.21.05 at 5:58 pm

For those who assert that Congress has no business in the case, on what do you base such claims?

For me because there are strong requests for congress to intervene in some death penalty cases but they don’t.

For example, in Texas the state courts have ruled that it’s legitimate to execute a person whose lawyer feel asleep during the trial.

Catez 03.21.05 at 6:09 pm

A comment for the physicians. Have you read the report from Dr. William Hammesfahr after he examined Terri and her medical records on 12 September 2002? Did you know that examination, which was conducted over a period of hours, was video-taped. I also expect you would be aware that it is standard to have an MRI or PET before confirming a diagnosis of PVS. Neither of those have been done for Terri Schiavo. Read this from his report:
The patient is not in coma.
She is alert and responsive to her environment. She responds to specific people best. She tries to please others by doing activities for which she gets verbal praise. She responds negatively to poor tone of voice. She responds to music.
She differentiates sounds from voices.
She differentiates specific people’s voices from others.
She differentiates music from stray sound.
She attempts to verbalize.
She has voluntary control over multiple extremities
She can swallow.
She is partially blind
She is probably aphasic and has a degree of receptive aphasia.
She can feel pain.

And this:

On September 3, I spent from approximately 11AM until 4PM with Ms. Schiavo, returning the next day to also observe Dr. Maxfield and complete my portion of the exam (which duplicated that of Dr. Maxfield, so I observed without myself specifically repeating that part of the exam that same day). The exam was videotaped at my request. The exam started with the setting up of the video camera by the videographers, with Mr. Michael Schiavo present.

…Her mother then entered the room, coming toward her and speaking her name. The daughter immediately showed awareness of the presence of her mother, looking for her, then finding her visually when the mother was approximately 8 inches from her face. She then smiled and made sounds. Her father also entered the room with further apparent recognition by the daughter. The first part of this exam included observing her interactions with her mother and her father. Here she clearly was aware of them and attempted to interact with them: the sounds, facial expressions, and searching out and tracking them.
…I asked the mother to bring a tape of piano music. Two separate pieces were listened to. The first she appeared aware of the sound, but would not sing or interact significantly. The second she did interact making sounds with the music. She stopped making these sounds, when the music stopped.
…Alertness: The patient was alert throughout essentially the entire exam.
Responsiveness: The patient would immediately respond to sound, tone of voice and to touch and pain. With respect to responding to those around her, she had limited responsiveness to me personally until approximately 45 minutes into the exam. She started to look at me, against her traditional right gaze preference, about the same time that we started getting significant relaxation in her contracted left arm (the arm that had been contracted for several years.) She appeared to identify the sound of my voice, with the relaxation of the arm. From that point, she would generally look toward the sound of my voice when heard, attempt to find me visually, then track the sound of my voice in its movements, or track me if I was within approximately one foot of her eyes. Prior to that time, she did not track me, or try to locate me visually. When playing music, she had a clear preference to the specific sound track played, and would listen to piano music, but change levels of listening depending on the track played. Her attention to the music would not wander during the track she preferred. She would pick out her mother’s voice or her father’s voice separate from the music or other voices or sounds in the room, and re-fix her gaze to those people. She would tend not to blink when watching those people.

She ignored her husband’s loud foot-tapping that went on for approximately five minutes at one point. She also ignored his voice and did not try to seek him out visually when he would at times interject comments during the exam or immediately afterwards.

The link to the whole report is on my blog. And consider this summary taken from her earlier records:

Ms Schiavo was in her usual state of good health until 2/25/90, when her husband reported that he was awakened from sleep approximately 6 AM by her falling. He reports that she was unresponsive. Paramedics were called, and aggressive resuscitation was performed with 7 defibrillations en route. In the Emergency Room, a possible diagnosis of heart attack was briefly entertained, but then dismissed after blood chemistries and serial EKG’s did not show evidence of a heart attack. Similarly, a pulmonary or lung cause of the disorder was ruled out in the Emergency Room after normal blood gases and Chest X-Rays were obtained. The possibility of toxic shock syndrome was also entertained. The diagnosis of the cause of her condition was unknown. Her admission laboratory studies showed low potassium level, markedly elevated glucose level, and a normal toxic screen without evidence of diet pills or amphetamines. The abnormal potassium level and sugar level were found on admission to the Emergency Room and were successfully corrected by the hospital staff over the next several days. The patient had a difficult hospital course with the development of poorly controlled seizures and prolonged coma state requiring, for a time, ventilator support. However, the staff noted improvement, and it was recommended by several physicians that she be discharged to an intensive rehabilitation center. She was eventually transferred to Mediplex in Bradenton for intensive rehabilitation. She was poorly responsive. However, after a brain stimulator was placed in 11/90, the staff started to report greater interactions of the patient with her environment, including intermittently apparently following commands, turning her head to voice, tracking visually, etc. This pattern continued even after discharge to a nursing home, although her course from that time on included multiple medical problems including recurrent urinary tract infections and hospitalizations, at times with severely low episodes of blood pressure due to a lack of treatment of urinary tract infections ordered by the husband and subsequent urinary sepsis requiring hospitalization. During 1998, she was evaluated by Dr. James Barnhill, neurologist, who testified that he examined her for ten minutes and determined that she had no chance for recovery, and was in a persistent vegetative state.

Make a note – she was examined for ten minutes and declared to be PVS in 1998. Dr. Hammesfahr examined her for 5 hours in 2002 and concluded she is not PVS.

Read it. Read it again.

Catez 03.21.05 at 6:19 pm

Hi La Shawn, Sorry if my last comment was too long.

DeputyHeadmistress 03.21.05 at 6:48 pm

Michael did not ever mention Terri’s so-called wishes until after he won the malpractice suit (which was supposed to be for money for her care). he didn’t spend the money on her care. He immediately slapped a DNR on her chart and spent money for Hemlock society lawyers and doctors. Then he mentioned, for the first time ever, that Terri had supposedly told him that she didn’t want to live like this. But his girlfriend at the time said that he had told her that he had no idea what Terri’s wishes were, they’d never discussed it. The only other witnesses to this wish of Terri’s are Michael’s sibling and the sibling’s spouse.
Michal has refused to permit normal therapy- the kind that would be done for anybody in Terri’s condition, like putting something under her hands to help prevent muscle contractions, like toothbrushing, like an antibiotic and painkillers.

DeputyHeadmistress 03.21.05 at 6:49 pm

Be sure your read Starving for a Fair Diagnosis at http://www.nationalreview.com/comment/johansen200503160848.asp. Here’s an excerpt:

“Terri has had no attempts at therapy or rehabilitation since 1992, and very little had been done up to that point. Terri has not even had the physical therapy most doctors would regard as normative for someone in her condition. The result is that Terri suffers from severe muscle contractures, which have caused her body to become contorted. Physical therapy could remedy this, but husband Michael has refused to provide it.

I have spent the past ten days recruiting and interviewing neurologists who are willing to come forward and offer affidavits or declarations concerning new testing and examinations for Terri. In addition to the 15 neurologists’ affidavits Gibbs had in time to present in court, I have commitments from over 30 others who are willing to testify that Terri should have new and additional testing, and new examinations by unbiased neurologists. Almost 50 neurologists all say the same thing: Terri should be reevaluated, Terri should be reexamined, and there are grave doubts as to the accuracy of Terri’s diagnosis of PVS. All of these neurologists are board-certified; a number of them are fellows of the prestigious American Academy of Neurology; several are professors of neurology at major medical schools. Terri’s diagnosis was arrived at without the benefit of testing that most neurologists would consider standard for diagnosing PVS. One such test is MRI (Magnetic Resonance Imaging). MRI is widely used today, even for ailments as simple as knee injuries — but Terri has never had one. Michael has repeatedly refused to consent to one. The neurologists I have spoken to have reacted with shock upon learning this fact. One such neurologist is Dr. Peter Morin. He is a researcher specializing in degenerative brain diseases, and has both an M.D. and a Ph.D. in biochemistry from Boston University.

In the course of my conversation with Dr. Morin, he made reference to the standard use of MRI and PET (Positron Emission Tomography) scans to diagnose the extent of brain injuries. He seemed to assume that these had been done for Terri. I stopped him and told him that these tests have never been done for her; that Michael had refused them.

There was a moment of dead silence.

“That’s criminal,” he said, and then asked, in a tone of utter incredulity: “How can he continue as guardian? People are deliberating over this woman’s life and death and there’s been no MRI or PET?” He drew a reasonable conclusion: “These people [Michael Schiavo, George Felos, and Judge Greer] don’t want the information.”

The doctor who has diagnosed Terri has being unfit to feed and hydrate has a history of similar diagnoses:

In cases where other doctors donÂ’t see it, Dr. Cranford seems to have a knack for finding PVS. Cranford also diagnosed Robert Wendland as PVS. He did so in spite of the fact that Wendland could pick up specifically colored pegs or blocks and hand them to a therapy assistant on request. He did so in spite of the fact that Wendland could operate and maneuver an ordinary wheelchair with his left hand and foot, and an electric wheelchair with a joystick, of the kind that many disabled persons (most famously Dr. Stephen Hawking) use. Dr. Cranford dismissed these abilities as meaningless. Fortunately for Wendland, the California supreme court was not persuaded by CranfordÂ’s assessment
————————————–

Apologies for the length, but Almighty God in Heaven, what is wrong with people?

My daughter is multiply disabled. She can’t speak. She is retarded, and would not be able to blink her eyes on command, or squeeze my hand consistantly- but she’s alive, she is a person. She can’t get her own feed, but must rely on us to provide it. Her condition is permanant. She is precious, and very human. Nobody here would choose to live like her, but nobody should choose to starve her to death, either.

Mark 03.21.05 at 6:50 pm

Smithers:

So if I am following the party line what are you following, the DEAD line, so if a person has outlived their usefulness kill ‘em that is what you are saying. In keeping with your party line.

What I can’t understand here is what is the hurry to kill this young woman ? You people on the left get some sort of perverted thrill out of this, I remember you when Clinton had Elian Gonzalez arrested and sent back to the tropical gulag called Cuba. You people had no problem with the government interferring in that case, nor had any problem when Clinton in the guise of Captain Reno
burning down the Branch Davidians compound.

you can’t have it both ways.

DeputyHeadmistress 03.21.05 at 6:52 pm

If you haven’t read Starving for a Fair Diagnosis at National Review, you need to.
Many neurological specialists who thought Terri was braindead now are saying that she didn’t get a proper diagnosis, based just on the tools used and NOT used.

smithers 03.21.05 at 7:11 pm

Mark:
I’m a registered Independent who voted for Bush the last two elections.
The name calling is just silly. Democrats don’t get a thrill out of killing. That’s an absurd comment, and I think responsible people on both sides of the aisle would agree that its an absurd comment. Demonizing Democrats doesn’t help anything, just like demonizing Republicans doesn’t help anything.
And I didn’t say anything about usefulness. I only suggested that we should respect Terri’s wishes.
Don’t believe the hype, Mark — the rhetoric and the issues don’t match.

Deputy HeadMistress:
That’s a lot information to fact check, and I can’t just dismiss it out of hand, but I don’t quite buy it all.
However, your last paragraph is indicative of one of the major problems with how this story has been covered: somehow, because many people themselves would not have chosen what Terri chose, they think that her choice shouldn’t honored.
I am very sympathetic to your child’s disabilities and I am sure you have her best interests at heart all the time. Nonetheless, there is a large difference between a parent exercising judgment for her child and a grown woman who indicated with her own judgment how she wanted her life to be handled in an unfortunate situation of her own. I feel confident that Terri had her own interests at heart when she asked not to be kept alive if ever in a state like the one she is currently in. Futhermore, I have faith in the justice system of this country that her wishes were properly carried out. Your analogy, while certainly poigniant, misses some fo the key aspects of Terri’s case.

Donna V. 03.21.05 at 7:23 pm

We don’t know what Terri’s wishes were – we have only Michael’s word for it. And he said nothing about “Terri’s wishes” until after he was awarded $1 million to care for her. The man is not credible.

I am certainly not anti-science, but, with all due respect for the medical profession, can’t doctors get it wrong sometimes? I agree that, at this point, Terri has next to no chance of improving, but is it possible she’s more aware of her surroundings than the physicians think she is?

The reason I ask is that after my father suffered a stroke in 1989, he lapsed into a coma. His cardiologist, an excellent technician but a man with a very poor bedside manner, would routinely come in the room and basically tell us dad was a goner (he didn’t put it quite as brutally as that, but he was pretty blunt). This habit of talking to us about dad as though my father wasn’t even there in the room irritated me, and I asked the doctor to show some sensitivity. “Why?” he said. “He can’t hear a word I’m saying.”

Two days after that, I was sitting next to dad’s bed watching the news from China on TV (this was the summer of Tianiman (sp?) Square). The news footage of the guy facing down the tank came on and I heard my father say, quite clearly, “That’s not right, what they’re doing.” I turned quickly to look at him, but his eyes closed again. I started babbling, telling him I loved him but he didn’t say another word – to me.

A few days later, my sister brought her 9 month old son to see him and she told me dad briefly opened his eyes for a second, looked at his grandson, and said “I love you.” Those were his last words – he died 2 days later with his family around him.

When we told the doctor what dad had said, he waved his hand and said “That’s impossible.” He implied that we were literally crazy with grief and inventing things. We were not. I still feel angry at that man when I think of his arrogant dismissal of what we had seen with our own eyes.

I can’t type anymore. I’ve had a hard time trying not to break down while writing this. But knowing what my own experience was, I am not so quick to dismiss the Schlinders as delusional.

I have to say, I still smile through tears when I think that my father’s second-to-last words were about the news. I can’t remember how many times we watched the news together and dad was always good for colorful commentary (”Those idiots in Congress, what are they thinking?”) It was very much in character for him to be interested in world events right up to the end.

I’ll probably lie on my deathbed ranting about President Chelsea Clinton:-)

smithers 03.21.05 at 7:36 pm

Donna,
Well I certainly think that’s the most thoughtful criticism yet on the pro-intervention (not to be flip about it) side. Doctors definitely make mistakes — my fully-functioning reattached thumb is proof of that. But if they are generally right, which I think we can agree on, shouldn’t we have the right to make decisions based on their diagnoses?
As for Michael not being credible, I agree that credibility is a decision each woman makes for herself. But in light of the fact that neither you nor I has ever spoken a word to the man, should we be so quick to discount Judge Greer’s opinion? So many of us love to say “renegade” or “activist” when we disagree with a judicial opinion, and while that may be true in some cases, I just don’t see that as being the case here.

Joy Reid 03.21.05 at 7:36 pm

This seems to be a funny place for conservatives to be… is the union of a husband and wife valid or not (or are parents eternally superior in making decisions for us, even after we’ve left our parents and begun “cleaving to our husbands”?) Does the federal government — the Congress and the president, have any obligation to respect the jurisdiction of state courts? And what ever happened to state’s rights, individual liberty, and getting the government off our backs? This law strikes me as a blatant attack on the state courts here in Florida, and unconstitutional on its face. Ever hear of a bill of attainder?

smithers 03.21.05 at 7:39 pm

Joy,
Great points, but just to clarify: a bill of attainder must be labeled to specific person and meant to punish. This is a general law, and presumably no one is punished by it.

Mark 03.21.05 at 7:58 pm

OK Smithers:

Calmer now, what are terri’s wishes ? All we have is the word of a man who sued for malpractice and won and promised to take care of his wife.

Then he is so distraught he finds another woman which he starts another family for the past ten years, all the while still being married to Terri. This by any other standard this would/should be considered abandonment.

He put her in a home for terminally ill patients, she is not terminally ill, she is not brain dead, she is not on heroic life support, but even death row inmates are afforded food and water this is basic life support.

But because of judicial incompetance, they are going to starve this person to death and this is considered HUMANE ?

HOW would you react going by what the NY times has said over the weekend that starvation is painless, ok since they are the moral authourity of the left, what do you think they would say, if the U.S. Military at Guantonamo bay decided to withhold food and water from the Terrorist prisoners there. I will tell you what they would say, they, the Post and the its leftist counterpart, the LA times would scream , “how dare you torture those poor souls being held against their will.”

IN all the court visits in the last 10 years everyone has had legal representation except Terri Schindler Shiavo, she has had no representation.

But if she was a suspected member of a ’sleeper cell’ terrorist group, the ACLU would surely ensure that she had more than adequate representation, but unfortunately she is not.

She has no thearpy for the last 10 years which was promised by her ‘husband’, so where is her due process.

Instead of everyone wanting to pull the plug how about some justice for Terri, first.

Joy Reid 03.21.05 at 8:02 pm

Smithers, the bill is labeled to a specific person, with Congress taking pains to say it only applies to Terri Schiavo and not the public in general (an attempt to avoid a dangerous precedent). And I think this ruling does punish someone: Terri Schiavo, by ignoring her wishes as expressed to her husband and litigated inumerable times for more than seven years…

Renee 03.21.05 at 8:10 pm

Mark don’t leave out the girlfriend he had before this woman he now has children with ;)

Donna V. 03.21.05 at 8:11 pm

smithers, the point of my post was that people in comas may hear and understand more than even highly trained physicians give them credit for. That being the case, don’t you think Terri may not be suffering a “painless” death at all, but death by slow torture? You’d go to jail for treating a dog like this.

Joy Reid: The problem is that Michael seems to want it both ways. I don’t blame him for finding someone else and having kids – but why didn’t he divorce Terri then and begin his life anew? Why stay married? He isn’t living as Terri’s spouse, and yet he has retained the final say so on whether she lives or dies.

As a conservative, I’m highly uncomfortable with the state decreeing, in the absence of personal directives, that someone else’s life is “worthless.” That opens a Pandora’s box I’d rather see stay closed.

stan 03.21.05 at 8:22 pm

All the polls indicate that an overwhelming majority of Americans are with the husband on the issue. The Republicans may have “excited” their base but that’s about all and they may have over-played their hand.

smithers 03.21.05 at 8:25 pm

Mark,
Could we try to keep this argument limited to the case at hand? I’m not going to start critiquing the NYTimes or human rights activists in order to make my points. Please, take it easy.
Michael has been without a responsive, reciprocating wife for over a decade. Many people who lose their spouses in tragic accidents find new spouses within a decade. Don’t be so quick to judge. There is no per se reason why Michael should be condemned for trying to lead a fulfilling relationship with another woman after Terri’s tragic collapse. I think it is a testament to Michael’s character that he has continued to fight for Terri’s wishes even when he could presumably have gotten a divorce long ago. Since he has promised to donate any left over money to charity, he has nothing to gain from Terri’s death, although I think he should be entitled to any insurance money the way he would have been had Terri passed away when she collapsed.
Your comparisons to terrorists just sounds like political flame bait to me. Terrorists, while being very bad people in need of life-long imprisonment, are not vegetative. Terri is vegetative. Witholding food from a nonvegetative person is different from witholding food from a non-vegetative person. Furthermore, you’re still overlooking the fact that it was Terri’s wish not to be left in a state like the one she is currently in.
You may disagree with Judge Greer’s decision, but eighteen other judges have ruled the same way in this case, and it is still within his jurisdiction to make such a decision, even if you disagree.
Terri did have representation. She was represented by Judge Greer ad litem.
The NYTimes didn’t say starvation was painless, doctors said that. And they put it in the context of patients ill like Terri.
As for justice for Terri, if by that you mean that her wishes (not her parents’, not Michael’s, not your, and not Congress’) are obeyed, then I think there has been justice in this case.
I know I sound like a school-marm, Mark, but this case isn’t about al quiada or the ACLU or the NYTimes, it’s about Terri Schiavo and how we best respect her wishes.

stan 03.21.05 at 8:31 pm

I’ve noticed several folks on TV in the last two days say that a 6 wk or 6 mo old baby in Texas was disconnected against the wish of the parents. This was supposedly done based on a law signed by Pres. Bush when he was governor. Has anyone seen anything to prove or disprove that info?

smithers 03.21.05 at 8:32 pm

Renee,
You post all over the place on this website, and you rarely manage to chime in with anything more than a religion-based character attack. Why is it wrong for Michael to have tried to make a relationship with another woman?

La Shawn 03.21.05 at 8:57 pm

Because he was married? It’s called adultery. I think the “in sickness and in health” vow is applicable here.

Richard Bennett 03.21.05 at 9:05 pm

So in your compassionate opinion, a man should foreswear female company for the rest of his life when his wife falls into a coma?

That’s the craziest thing I ever heard.

La Shawn 03.21.05 at 9:09 pm

Look, do whatever you want. We all can do whatever we want. There will be an accounting.

This thread is closed. I will open a new one for the Schiavo segment on MSNBC tomorrow.

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