Stones Cry Out

I've learned two things in following this controversy. One, that the vast majority of people who support the parents care deeply about this issue, pray hard about it, and no doubt try as hard as they can to live their own lives in accordance with how they perceive God (in all his manifestations) wants them to.

The second is that, unfortunately, this situation is much more complicated than that. According to all available evidence, Michael Schiavo tried everything in his and the medical community's power to bring Terri back. The evidence for this, and for the contention that Terri would not want to continue the struggle can be found here: http://abstractappeal.com/schiavo/trialctorder02-00.pdf.

By all account Mr. Schiavo has been was very motivated in pursuing the best medical care for his wife, ...

Michael Schiavo tried to find a way to cure or heal his wife, and could not find it. Meanwhile his wife's brain deteriorated to the point where she can no longer sustain higher order functions. When it became clear there was no hope, he asked the courts to determine whether there was enough evidence of her intentions to act on them. The court found that there was, and that should have been it

Instead we have this circus which now has attracted the attention of profoundly evil people, such as Tom Delay, who attached himself to this as of Wednesday of last week (the first date in which he can be found to have said anything in public about the case). Even President Bush, who signed a bill while governor that allows hospitals to end treatment for people who cannot pay, has switched sides.

It's pathetic to see good people manipulated by bad people, and to see a brave man, who obviously wants to protect what remains of his wife from further exploitation, vilified by those same good people.

What’s become clear is that Terri Schiavo has been the victim of a failed legal system. The question remains, will she even now receive the protection of her Constitutional rights just reaffirmed by the Congress or be subjected to the “legal murder” now being inflicted upon her? A society is judged by its treatment of its weakest and most defenseless members. Surely this includes the unborn being ruthlessly aborted by the millions and the incapacitated like Terri Schiavo. Terri’s injuries have gone uninvestigated while her husband, the chief suspect, has complete legal control over life.

It’s sad that it has taken so long for attention to begin to be paid. Even now, the wheels of justice grind slowly forward while Terri is forced to suffer a cruel, tortured existence. From the reports of other victims of brain injury it may well be that she is quite conscious but unable to move or speak to call attention to her distress and pain. Some witnesses who are now being heard say that she once possessed greater capacities since allowed to atrophy due to neglect. Another report by a nurse is heard claiming she witnessed evidence that Michael Schiavo may have injected Terri insulin, a crime that has gone uninvestigated.

Our court system moves with painful slowness. When challenged, it often reacts defensively rather than engaging in efforts to re-examine its processes to seek answers and an assurance of justice. Our confidence in the legal system is excessive and misplaced. It’s long past time to wake up and take action. The old saw goes: “Does it take an act of Congress to get something done here?” Well, we’ve had an act of Congress, and a Federal judge deliberates how to rule—but not in any evident hurry to replace the feeding tube that could make the whole thing moot because the victim of neglect and legally-abetted murder is dead.

The question remains, will she even now receive the protection of her Constitutional rights just reaffirmed by the Congress or be subjected to the “legal murder” now being inflicted upon her?

The thing is, there really are no federal rights at issue. In other words, the Congress passed a bill that they should've known wouldn't do any good. If I were deeply invested in this, I'd be pretty mad that Congress rolled over on this.

Of course, no one will take time to understand what happened; they'll blame the judge (who was just following a lame law that couldn't have done any good), and the GOP won't take much heat. As long as they have their judicial scapegoat, they'll be fine, politically speaking.

Ah, yes, that "brave man" Michael Schiavo. Would that be the same Michael Schiavo who, frustrated by his wife's obstinate refusal to expire, exclaimed, "isn't the bitch dead yet?" Would it be the same man who won a judgement against the hospital that treated his wife, largely based on his statements that he would take care of her for the rest of her life, and then issued "do not rescusitate" orders a few months after her accident? Would it be the same Michael Schiavo who was accused of stalking a young woman with whom he became involved a couple of years after Terri's accident? The same man who melted down her wedding ring? And yet it is Tom DeLay who is evil, eh?

Leaving aside the general issue of euthanasia, I don't see how anybody could seriously argue that there is the least tincture of justice in giving Michael Schiavo the power of life and death over Terri.

D.,

Those are some interesting allegations, none of which have been proven to the satisfaction of either Guardian ad Litems appointed to review Michael's guardianship, nor proven to the satisfaction of any the state and federal courts over the twelve years the Schindlers have been suing Michael, or the seven years that the determination of GTerri's wishes have been in the courts (see http://www.miami.edu/ethics2/schiavo/timeline.htm).

As I've said before, in this circus there are good people being manipulated, via rumor, innuendo, and outright lies, by bad people. I hope Terri's soul has already found repose, and that we are just dealing with the husk, but if not I pray that repose comes soon. As for Michael, this is only the second time in my life that I find myself in agreement with John Derbyshire (see http://www.nationalreview.com/thecorner/05_03_20_corner-archive.asp#058989)

Michael Schiavo, as best I can judge, is Everyman. He has not behaved with high nobility; but then, very few of us do, certainly not for 15 years at a stretch. He seems to have done his best for a decent while, then given up in despair and turned back to his life, to the degree the situation and his conscience would let him. It's possible I've missed something, but I haven't seen any point in Michael Schiavo's trajectory this 15 years past where I couldn't all too easily see myself doing pretty much what he did. For all I can see, this is Ordinary Joe doing his imperfect and occasionally erroneous best with an appalling situation.

Again, God willing, I hope the time comes when none of us remembers how to pronounce his name, not that anyone does it correclty right now.

Jon - If Michael moved on with his life to the point that he has a common law wife and two children - an established, undeniable fact - then I would argue he has effectively waived his rights to care for Terri.

Matt,

I can see your point, but from my perspective he had to stay married to Terri in order to protect her. Remember the fight between him and her parents started even during the time that he was trying to find a cure or therapy for her, over the settlement he was awarded from the malpractice suit. The award for Terri( ~$750K) was put in an irrevocable trust for her care. The parents wanted a portion of the $300K that went to Michael. There might be a case for that given that he was living with them, but the court found otherwise. Since then it's been a fight.

The interesting thing for me though is much more prosaic. In reading the report of the 3rd GAL, (see http://www.miami.edu/ethics2/schiavo/wolfson%27s%20report.pdf)
Michael Schiavo is described as a “nursing home administrator’s nightmare”, and that after 14 years in bed Terri Schiavo has never had a bed sore. Michael Schiavo actually became a respiratory therapist so he could work at a hospital near his wife. Keeping someone that immobile is a day to day constant task of careful cleaning, hygeine, and observation. Good nurses brag about records like that. Michael fought for her, and he's still fighting for her. Divorcing her would mean he couldn't fight for her anymore.

So he has a family now, and an apparently understanding partner. Great for him, he deserves happiness after the long road he's been on.

Sorry, but I just don't buy it. If he is willing to walk away in every other aspect of his life, he should let the parents take control.

Matt,

Reading Peggy Noonan’s piece, her observations seem “spot on”: the Republicans are even now being discovered to have acted only weakly in defense of Terri Schiavo’s constitutional rights to due process and her unalienable right to life. I’ve called my Congressman to seek clarification and express the view that “too little” was done. I was told that I was correct; nothing beyond creating access to the Federal courts was done; no reaffirmation of rights was involved.

The people, through their votes, confer power. It can be used for good or ill, but it should not be ignored when there is urgent need for action. I hope Peggy Noonan is correct, the people are watching and they are going to find out, eventually, just how much or little was done on behalf of justice in this case. A political price will be paid, howevermuch or little that should concern us at this point.

RLG: Still not buying. Not for a second. See my link in a post above to Jim Geraghty's piece.