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A Solomonic decision;judges could have kept the Terri Schiavo case from becoming so complex
WORLD MAGAZINE.COM ^ | MARCH 29, 2005 | JOEL BELZ

Posted on 03/30/2005 2:14:34 PM PST by CHARLITE

"Please, Lord," I groused plaintively last week as I stood a few yards from where Terri Schiavo lay dying because a gaggle of public officials had decided her life was not worth living. "Please don't let one more person tell me how 'complex' this whole case has become."

If I heard the "complexity" response once, I think I heard it a hundred times. Worst of all, I probably even thought it a few times myself.

But the Terri Schiavo case is "complex" only in the sense that any of our sinful behavior is complicated. Sometimes, it is true, we weave such contorted patterns that solutions seem hard to find. That's precisely when we ought to look for God's simpler answers.

There is nothing complex about a situation like this: Party A is desperately needy. Party B, the normal provider of Party A's needs, says he doesn't want to do so. Party C, however, is more than ready to step in and provide what Party B says he doesn't want to give. Doesn't seem so hard, does it?

The situation gets complicated only when an extraneous Party D steps in to say that Party C can't, by law, extend such a merciful hand. And Party D in this case, of course, turns out to be those same activist judges who have stood half of American society on its head in recent years.

Just think how simple all this might have been if it had not become the American habit to try to remedy every inconvenience in life with a trip to the courthouse. Set aside the worst things you've heard about Michael Schiavo, Terri's husband for eight years before she suffered a terrible heart attack in 1990 that left her with clearly serious brain damage. Instead, think only the best of Michael and the distress he faced.

Here's how the situation might have unfolded then. The growing emotional and financial burden confronting Mr. Schiavo might understandably have escalated to more than he was able to bear. That happens to lots of people all the time. Some such folk struggle on even then, buoyed either by remarkable personal courage, a wonderful faith, or a combination of the two. Others, however, stumble and fall. "It's too much," they say as they walk away from their burdens. And when we see that, we may be disappointed—but we temper our disappointment with understanding. Most of us haven't walked in those same shoes.

So Michael Schiavo could have done that, as thousands of people do every year, and we would never have known his name. He could have walked out on Terri, turned her care over to her willing parents, and there would have been no national debate last week. Michael Schiavo certainly wouldn't have been a hero, but neither would he have become known worldwide as a cad.

Only the American courts could have made it so complicated. It's not just the content of their decisions in all of this that have been so boneheaded. It's been the very thought that they had to make any decision at all. Why couldn't the very first judge to be involved with the Schiavos' sad tale not have had the wisdom to say to Michael, "Mr. Schiavo, why don't you simply divorce your wife, take the criticism that will come from such action, and get on with your life?"

That would have been too simple. I looked down the street from the Woodside Hospice last Saturday at the long lineup of TV trucks with their gigantic dishes and telescoping transmitting towers. I glimpsed the small city of high-priced reporters and network personnel who had moved in for a two- or three-day encampment. I tried—and failed—to estimate what legal fees and court costs and law enforcement bills might have been. The next day, Congress met in special session and President Bush and Air Force One made an unscheduled flight back to Washington to sign a special bill.

All this says nothing of the high spiritual, moral, and cultural bills from such folly. When the history of euthanasia in America is reviewed a generation or two from now, the story of Terri Schiavo will provide details for one of the earliest and most critical chapters.

It could all have been so simple. All it would have taken was a Solomonic decision by any of a dozen judges—all of whom in this case overcomplicated the case before them. One profound difference, of course, was that in Solomon's case, the court saw to it that the baby lived. —•


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections; US: Florida
KEYWORDS: americanholocaust; decision; euthanasia; forlife; holocaust; living; mercykilling; michaelschaivo; parents; solomon; terrischaivo
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To: robertpaulsen
Look it up. In February, 2000 it was feeding tube only. In February, 2005 it was a complete removal of nutrition and hydration.

This just proves that Judge Greer's intensity on killing Teri Schiavo has increased.

BTW, You still haven't answered the questions from my previous posts.

61 posted on 03/30/2005 3:37:20 PM PST by grassboots.org (I'll Say It Again - The first freedom is life.)
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To: supercat
"One of the weaknesses of the guardian-ad-litem system in Florida is that a GAL is forbidden from talking to 'outsiders'."

Please cite some authority for this specious, flat-out falsehood. And not a columnist or commentator, please. You are obviously getting bad information. Can't imagine where...

As far as an answer to your question, there are many things he could've done which would justify IMO revoking his status as guardian (though I'm not sure what you mean by 'spousal authority') - and I haven't seen any evidence that he did them.

62 posted on 03/30/2005 3:37:58 PM PST by lugsoul (Wild Turkey)
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To: Fitzcarraldo
For all you know, Terri could have simply said, "I wouldn't want to live like that". Why would you restrict such a statement to living on a respirator?

Moot point. It wasn't up to you or me or Michael or her parents. The judge concluded it applied to her current condition.

63 posted on 03/30/2005 3:38:08 PM PST by robertpaulsen
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To: robertpaulsen
Terri could have simply said, "I wouldn't want to live like that". Why would you restrict such a statement to living on a respirator?

Not a few teen age girls threaten suicide over being grounded. My point is that a casual statement may not be the result of a reasoned analysis of the options and possibilities, esp. regarding the state of the medical arts as applied to a a given affliction.

64 posted on 03/30/2005 3:40:40 PM PST by Fitzcarraldo
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To: supercat

It is worth noting that earlier Greer had two temporary Guardians-Ad-Litem that both thought Michael's view of Terris' desires were questionable. And because that went against his desire to murder (under the color of law) Terri, they were dismissed as GALs. The last GAL, Wolfson, thought that Terri should have another swallow Test and more tests about her PVS. That Guardian was ignored also. The only guardian that got everything he wanted was the wayward husband.

I suppose that none of you pro-deathers saw anything suspicious about Scott Peterson selling his wife's car and house before her body had even been found. The jury was a lot smarter than you.


65 posted on 03/30/2005 3:42:50 PM PST by grassboots.org (I'll Say It Again - The first freedom is life.)
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To: lugsoul
there are many things he could've done which would justify IMO revoking his status as guardian Maybe trying to kill her? Would that count?
66 posted on 03/30/2005 3:43:53 PM PST by grassboots.org (I'll Say It Again - The first freedom is life.)
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To: supercat
Snidely and two others. But I suppose you're going to say that the three were in cahoots to kill Nell.

Sorry, but I gave all my tin foil to another poster.

67 posted on 03/30/2005 3:43:58 PM PST by robertpaulsen
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To: lugsoul
Please cite some authority for this specious, flat-out falsehood. And not a columnist or commentator, please. You are obviously getting bad information. Can't imagine where...

I may have to go reread the statutes in case I've misremembered something, but my statement was based on my own personal reading of the statutes back in 2003.

68 posted on 03/30/2005 3:44:40 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: grassboots.org
If you mean the cessation of life-sustaining care, no.

If you mean beating her, you probably should come up with some evidence.

69 posted on 03/30/2005 3:46:26 PM PST by lugsoul (Wild Turkey)
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To: Fitzcarraldo

She was re-examined in 2003, I believe, with another CAT scan. It confirmed that she still had no brain.


70 posted on 03/30/2005 3:46:33 PM PST by robertpaulsen
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To: supercat
Well - an easier place to look would be to read the GAL reports. Which specifically note that they talked to others, including the Schindlers, extensively.

I've been a GAL in Florida. There is no such prohibition.

71 posted on 03/30/2005 3:47:25 PM PST by lugsoul (Wild Turkey)
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To: robertpaulsen
Snidely and two others.

His brother, Willie, and his other brother's wife Wanda.

For some reason, none of Nell's family recalls any such statement.

But I suppose you're going to say that the three were in cahoots to kill Nell.

They certainly are acting in concert toward that goal (that's undeniable, whether or not they happen to be telling the truth). I wonder why there's no evidence of any of them 'remembering' such wishes for seven years after Nell was gagged?

72 posted on 03/30/2005 3:50:58 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: lugsoul
I've been a GAL in Florida. There is no such prohibition.

Hmm... wonder what I was confusing it with. You wouldn't happen to have a statutory reference to the GAL part of the Florida codes, would you? Could save me a little time.

73 posted on 03/30/2005 3:52:35 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: supercat
Nope, sorry. It's been years.
74 posted on 03/30/2005 3:53:54 PM PST by lugsoul (Wild Turkey)
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To: robertpaulsen
It confirmed that she still had no brain.

Since the brain injury was not caused by trauma, what are the possible biochemical causitive mechanisms? Have they biopsied her brain to reduce the list?

75 posted on 03/30/2005 3:56:22 PM PST by Fitzcarraldo
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To: UpstateNYer
"since Ms Quinlan had passed away in 1976."

Yep. He screwed up, and that was the subject of an appeal.

In his written response in the appeal, Judge Greer acknowleged his error, and concluded that his statement had no effect on the content of Terri's friend's testimony.

Terri was using the present tense which, Judge Greer concluded, meant that the "plug" had not yet been pulled. (He incorrectly assumed that when the plug was pulled, Quinlan died. Logical assumption, but wrong in the Quinlan case. She lived for another 9 years).

So, in the end, it made no difference. Terri's statement had to have been made prior to 1976.

You seem to be aware of the facts of this case. But you left out Terri's mother's testimony. Why?

76 posted on 03/30/2005 3:57:29 PM PST by robertpaulsen
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To: CHARLITE; Law

77 posted on 03/30/2005 3:57:30 PM PST by Caleb1411
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To: CHARLITE

bttt


78 posted on 03/30/2005 3:58:48 PM PST by dennisw ("What is Man that thou art mindful of him")
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To: mlc9852
"I'm suggesting he should have erred on the side of life."

If judge Greer did not have "clear and convincing" evidence of Terri's wishes, then, by law, he must allow her continued feeding.

79 posted on 03/30/2005 4:01:21 PM PST by robertpaulsen
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To: robertpaulsen

And that is exactly what he should have done. How do you think a jury would have ruled?


80 posted on 03/30/2005 4:03:29 PM PST by mlc9852
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