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The Unseen Editor passes along this story of one Terri Schindler Schiavo, a woman whom a Florida court had ordered have her feeding tube removed, at the request of her husband and against the express wishes of her parents, and Governor JEB Bush. A parallel site in support of, quite literally, not killing Terri, has been set up here.

This may sound odd coming from a gen-u-ine lib-e-ral, but I'm rooting for JEB on this one. My limited understanding of this case is that at this point, her husband is largely interested in ending the financial burden associated with the literal care and feeding of his brain damaged, but by no means dead, wife (my further understanding is that she is responsive to various stimuli). (BTW-- he brought a medical malpractice lawsuit on Terri's behalf, and settled for over a million dollars, of which 3/4 of a million dollars was to be set aside for Terri's care; he has a new fiancee and a child with said new fiancee, and is evidently eager to recover substantial moneys still in said account, and other money won by Terri in that case.) Further, my limited understanding is that the evidence of a desire not to employ "extraordinary" lifesaving measures consisted of... you got it... the husband's testimony that this is what Terri wanted (her parents disagree, insisting that Terri was a devout Catholic who would not have wanted to shorten her life artificially). Anyone out there with knowledge of the case is welcome to comment-- and indeed, encouraged to do so.

There seems to be a bitter battle between the wishes of the husband Michael Schiavo, to kill Terri by removing the feeding tube, and her parents, who actually believe that Michael may have caused Terri's condition (by strangling her). Regardless of whether Michael murdered Terri then, in conjunction with the courts of the State of Florida, the intention is clearly to murder her now (and all nice and legal too). That's right: its time for a rant.

I have said over and over that we lib'ruls have to be BETTER than our brethren who would believe that the ends justify the means for anything-- because the ends just about never justify the means. Obviously, this is a cause celebre among conservatives because of the "right to life" angle-- that somehow, intervening to prevent a husband from using the court system to kill his wife (again-- there is no other term for it; a feeding tube is not a respirator, but is rather a comparatively low-tech device through which nutrients are poured into the stomach of a patient) will somehow lead to the curtailment of abortion on demand.

Well, that's just not a good enough reason not to be outraged at the Terri Schindler Schiavo case. Not even close to a good reason. Everyone of us will eventually find ourselves in extremis; for some, the moment will come quickly. For many, maybe for most, things will go slower. God damn it-- I do not want the state to come in and impose the will of an alleged loved one to kill me-- absent my own clear intent (the evidence being the same standard necessary to sustain a murder conviction) and my own expression that this is what I want. And frankly, the courts are being a little too damned flippant in this case in finding that intent based on the testimony of someone who wants to end her life for his own reasons, and at an absolute minimum, has some damned serious questions to answer regarding having Terri's best interests at heart.

If Terri had left a "living will" or even a health care proxy permitting her husband's decisions up to and including the ability to end her life, that would be one thing (though bad enough, as I'm still not clear that a feeding tube is an "extraordinary" measure).

We go all the way back to an argument about abortion (especially so-called partial birth abortion), as technology improves to the point where viability is now pushed to earlier and earlier in a pregnancy, the so-called adage of "a woman has a right to an empty womb, rather than to a dead fetus". In other words, at least under the rationale of Roe v. Wade itself, fetal "viability" matters. What's interesting here, though, is that the State has not offered Mr. Schiano an option (such as, say via divorce) to divest himself of the obligation to provide any financial support to Mrs. Schiano, but instead, has offered him the remedy of solving that problem by having her killed (and most unpleasantly at that, via starvation).

I don't know: I'm hoping JEB, or some other force, perhaps a sympathetic United States Supreme Court Justice, can intervene and stay Terri's execution.
Or have we finally reached the point where Michael Schiano's perceived property right is more important than a human life?

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Comments

You may have changed my mind on this one. I used to agree with the court decision (based on my limited knowledge of the case) but I realize that my opinion was based more than I'd like to admit on the assumed good motives of her husband.

That is to say, from what I heard I'd taken his assertion of her wishes at face value and I was unaware of his monetary interest and new fiancee, etc (Though I'll put the murder charge aside for now). Picturing a loving and devoted husband who'd supported her through thirteen years and felt this was the right thing to do- I still think it's reasonble in the abstract. He may be those things still, but given the reasonable (sounding) doubts I really think you should err on the side of keeping her alive.

Now, it may make no legal difference at all what his motives are (or how good a person he is) but like I said, these questions have swayed my opinion.

Posted by JNelsonW at October 16, 2003 05:03 PM

I would like to if not argue, at least bring up a few points, not so much on behalf of the husband, but of the woman.

I don't know how damaged the woman's brain is, if this is a case of a mostly intact brain that has just 'stalled' and which may possibly re-ignite or if she literally has no biological basis for restored conciousness. I don't know if the possibility she may regain some sort of conciousness are very low, nil, or nonexistent. I also don't know in what sense she is said, or denied to be, responsive.

I also don't know what her life expectancy is. And I don't know what we might say about her 'quality of life'. I would like to point out however, it is possible she is suffering or in pain or discomfort in some sense, even vegetative, and to automatically pose this as 'murder' when the artifical prolongation of life may be no mercy is quite one-sided.

It may be her parents harbor unrealistic hopes that their daughter may recover when in fact that may be impossible. Once again I don't know, but you might set that possibility against the cynical analysis of the husband's motives which you presented.

If this woman may live 10 or 20 years in this state, or perhaps longer, I would suggest some weight be given to the possiblity that this unnatural, artifically maintained state is not a boon of life. It may be a mute, uncomprehending hell.

I will just say that in the absence of the possiblity of revival, with the prospect of prolonged existence in a state which we cannot evaluate, maintained by extraordinary (unnatural) means, there comes a point when letting go may be, just possibly, a kindness. At least one must consider the possibility that continuation may be a curse, and a natural cessation of life a mercy. We don't know.

Having said that, I admit and agree that withholding feeding is an inherently repugnant way to proceed. It is natural and passive when of course the instinct must be to nurture. In my own case I would ask for more active means, if that would be possible ethically for a doctor.

I just want to put the possiblity she is suffering into consideration. The longer her state may persist, without hope of change, the more weight I suggest should be allowed for this possiblity.

Posted by Cal at October 16, 2003 07:01 PM

Cal--
This woman is NOT IN A COMA-- she is CONSCIOUS. No, she's not likely to get up and walk around, or recite the gettysburgh address, but she ain't "totally out of it" either. The determination of her "vegetative state" is highly subjective-- and highly disputed.

The parents have argued that there are therapies capable of reviving her to FULL SENTIENCE-- the husband hired a RIGHT TO DIE lawyer very early in her vegetative state-- almost literally the day the settlement money hit, BTW.

This case is far more frightening than I have set forth. Essentially, any time any of us is vulnerable and a relative can benefit financially from our death, the state can now be an accomplice in our death-- by medically induced homicide. Its as simple as that.

Scared? You should be. I am.

Posted by the talking dog at October 16, 2003 08:25 PM

I do not know a great deal about this case, but I suspect I have seen as much as most OFUs (Ordinary Fodder Units - a Bush Senior Term for we lower folk), but I have often wondered why her husband did not simply divorce her, leave the extra $$ with her parents to care for her and to get the illusively defined "therapy" that is supposed to possibly help her regain a mental toehold.

OR .... assuming it is possible for him to divorce, if he does not wish to let go of the $$, and has fiddled around with this situation for all these many years waiting to get his hands on same ... I say we hop a plane to Fla and strangle him ourselves. Who is in?

Another problem solved!
Gran

Posted by J.Taylor at October 16, 2003 10:42 PM

Well, I stand by my remarks on the indefinitely prolonged maintenance of a irrecoverable patient. But you're right that this Florida case sounds far outside those boundaries. As presented the parents and not the husband seem far more desireable guardians of this woman. I would raise again just a smidge of caution, don't take offence, that the possibilty of self-interest, perhaps even in physicians who might tell parents there is hope in order to gain a patient, bears consideration.

I know, I know, but I just saw that 3 major hospitals in Chicago, including Northwestern Univ. Teaching hospital, have been somewhat credibly accused of managing liver transplants for profit not need or medical priority. Plus there's Bush's team taking the word of con-men like Chalabi because he told them what they wanted to hear about WMD's and Iraq with vast humanitarian consequences.

This puts me in a 'trust no-one' mode. Shame since we would like to trust doctors and presidents, parents and husbands, but there it is. It's even possible the husband is self-interested and the parent's doctors too, but not being god you'd have to go with the parents maintaining her life to attempt the therapy. Hopefully she will undergo recovery, and if not we can rely on the parent's love to recognize the limits of hope if it comes to that.

After saying all that about self-interest I wonder if adults in such a state might not deserve a (mythical?) disinterested advocate not with active powers but just to monitor such situations from the standpoint of the patient.

Boy howdy this sure beats "debating" freepers. ;)

Posted by Cal at October 17, 2003 04:37 AM

I find it difficult to believe anything that the parents say because their claims about the husband have become progressively more extreme. Now, apparently, the reason she's in a coma in the first place is that he tried to kill her. I'm sorry, I'm not buying it.

Nor is the claim that the husband is money crazy all that persuasive -- any spouse who would seek to honor their spouse's wish not to be maintained on life support could be accused of that, and absent something other than the bare allegations that he is motivated by money, I'm not going to presume the worst. I am also not that shocked that this woman's husband started seeing another woman SIX YEARS after she went into an apparently irreversible coma.

The claim that she is conscious and not in an irreversible vegetative state has been reviewed and rejected by several courts who have considered expert testimony proferred by her parents. I cannot credit claims that she is in fact conscious and that the Florida courts ignored the evidence of that because they are just hell bent on killing her. I would need to hear something more compelling than her parents' claim that she seems to respond to their voice.

Posted by alkali at October 17, 2003 11:17 PM

Alkali:

Perhaps the film -- that the parents made in violation of the husband's ban -- that shows her responding to voices might convince you? More importantly, they're not throwing a switch and cutting off life support to kill her. They're starving her to death. In my book, that's murder, whether the husband has her "best wishes" in mind or not.

Posted by DP at October 21, 2003 12:17 AM

if we starve anyone to death, that is MURDER. a few people have come out of comas after many years...how do we know she doesnt know what is going on.. the poor lady just cannot talk and help herself... so many people cant do that and we dont starve them!! whats next ! alzheimer patients, after all we have to take care of them and they dont know what is going on at the moment , or do they?yeah for JEB BUSH, and i pray for all who are involved in this tragesty..

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