For those outside the USA or otherwise unaware: Terri Schiavo was in a persistent vegetative state for over 15 years. Her husband Michael has for the last 7 years been seeking legal approval to remove her feeding tube on the grounds that she had previously expressed a desire to not to be kept alive by such means and under such circumstances. Michael is opposed by Terri's family, who claim she may recover and want the feeding tube to remain in place. Terri's feed tube was removed in March, and she died twelve days later.
The Facts
Michael Schiavo has won every single one of the nearly 30 court proceedings regarding his wife. This perfect record applies to not only the motions that he has made, but also in the defeat upon initial and final determination of all motions made to overturn or halt actions he wishes to take.The courts have determined (and recertified upon appeal):
- Terri's condition is the result of brain damage following a cardiac arrest, caused by abnormal potassium levels
- Terri suffered from the eating disorder bulimia, which frequently causes such abnormal potassium levels
- Terri is in a persistent vegetative state with no chance of ever recovering
- Michael is Terri's legal guardian and is accorded full legal rights and duties of care and decision-making
The Hypocrisy
During the 2004 election, Bush railed against what he called "activist judges" who try to "legislate from the bench" (source), accusing them of writing their own laws to push their own agenda.Bush and Republicans are tripping over each other in their rush past the limits of their own authority. Congress was recalled over the Easter weekend specifically to pass a bill aimed at reinserting the feeding tube of the individual, Terry Schiavo. Such an attempt reeks of attainder against Michael Schiavo, given it's primary goal would be to thwart him in his duties as guardian.
Congress was recalled on Easter Sunday specifically to debate and pass a resolution calling for Terri's feeding tube to reinserted. Bush immediately flew back to Washington from his Texas ranch to sign this law.
Bush made the admittedly symbolic gesture of flying back from holiday to sign the bill which specifically addressed one person, yet took three days to publicly speak about the 2004 Indian Ocean tsunami which killed over 200,000 people. Despite the apparent haste and zeal for saving lives, Republican house speaker Dennis Hastert has refused to allow a vote on the Mental Health Parity Act which would have provided more help for Terri in her fight against the bulimia which was the root cause of her predicament.
"While I believe there's a role for the federal government, it's not to impose its will on states and local communities". George W. Bush, Jan 6 2001
These comments came merely weeks after Bush asked the Federal Supreme Court to overturn a decision of the Florida State Supreme Court (Bush vs Gore). In the Schiavio case, Bush and the Republicans again demonstrate their hypocrisy by creating a law specifically designed to circumvent the judiciary.
When the law was struck down as unconstitutional, Republican Whip Tom Delay said: "We will look at an arrogant, out-of-control, unaccountable judiciary that thumbed their nose at Congress and the president." (source)
The constitution of the United States provides for the separation of powers (Marbury vs Madison, 1803), clearly defining the responsibilities of each branch of the government, without fear of interference from the other two. This is taught in Year 4 Civics class, but it's apparently news to DeLay. To quote Justice Greer's ruling in the matter:
By arrogating vital judicial functions to itself in the passage of the provisions of Section 2 of the Act, Congress violated core constitutional separation principles, it prescribed a “rule of decision” and acted unconstitutionally.This is polite judicial language for saying "Mr DeLay, the judiciary is not your bitch to slap around. You can create and install whatever "laws" you like, but we are the ones who can throw them away."
Republicans trumpet their regard for human life; Bush declares that in complex cases one ought to "err on the side of life"
Bush's record on capital punishment speaks for itself. During his four years as governor of Texas, 152 people were executed. Far from being cautious and "erring on the side of life," Bush has admitted spending typically less than 15 minutes on each clemency request, usually at the urging of the then state Attorney-General Alberto Gonzales who didn't feel it necessary to mention in his case summaries such irrelevant facts as that a defense lawyer had fallen asleep during the trial, or that a conviction was secured largely on the basis of a confession written in a language that the defendant couldn't read, speak, or write.
Bush's regard for human life is further confirmed by his subsequent nomination of Gonzales for U.S. Attorney-General following his legal opinion justifying the use of torture during interrogations.
Republicans position themselves as the defender of family values and marriage; Bush indicates his "support for marriage" by proposing a constitutional amendment to ban gay marriage.
Bush and the Republicans have sided with Terri's parents instead of her husband. This belies their support for the sanctity of marriage, placing ideology above respect for marriage and the judicial system which gave Michael Schiavo guardianship over his wife.
Republicans have declared this an issue of "morality", and present themselves as being concerned only with protecting the rights of those unable to do so for themselves.
Behind closed doors, Republicans make no effort to maintain the facade of caring. During an invitation-only speech to the conservative Family Research Council, the ubiquitous Tom DeLay declared "[O]ne thing God has brought to us is Terri Schiavo to elevate the visibility of what's going on in America."
Not content with making political hay from a disabled woman's personal tragedy, DeLay feels the need to make personal gain from it. He continues in this speech to liken the "save Terri" effort to his own personal fight against yet another ethics investigation.
In yet another further layer of hypocrisy, The Los Angeles Times uncovered the fact that DeLay withheld life-extending medical treatment from his own father so he would die more quickly following an accident that left him in what doctors called a "vegetative state".
Republicans stand for conservative values, limited government and the rights of individuals.
Florida governor and presidential brother Jeb Bush attempted to take custody of Terri Schiavo by force, alleging unspecified and unsubstantiated "abuse" at the hands of her husband.
Such claims of abuse are ludicrous: Michael Schiavo was awarded $1 million in his civil malpractice suit against doctors who failed to diagnose Terri's bulimia. If there was any evidence of abuse, this would have surfaced at the trial. It did not.
Attempting to seize custody of Schiavo shows the respect that the Republicans have for the rights of individuals to live and even die without government interference. It is no surprise that the court immediately denied Bush's request.
Interlude: Peabrains and Peacocks
Exposing the hypocrisy of Bush administration's involvement in the Schiavo case is easy -- but not nearly as easy as exposing the blatant right-wing agenda of the Fox News Channel. By way of illustration, let's examine Sean Hannity's coverage of the Schiavo case.
Background: Hannity is a mouthpiece for the Republican Party, masquerading as a journalist. He has a talk-radio show and a TV show on the Fox News Channel, and is demonstratably wrong on many of his "facts". For more information on Hannity and Fox's bias, see Outfoxed. (Possibly unavailable in Australia, thanks to Rupert Murdoch)
Hannity took his TV and radio shows down to Florida, and broadcast from in front of Schiavo's hospice for nine days. Each night he would interview Schiavo's parents, as well as a loaded slate of guests who gave an extremely one-sided set of opinions. Hannity has long been accused of self-aggrandizing and posturing for media attention; I was disgusted by his blatant nightly exploitation of a family broken by tragedy.
After the feeding tube had been removed, Hannity decried the cruelty, decried the inhumanity, and decried the "rush towards death". "With all these things in dispute... bulimia: in dispute; abuse: in dispute; vegetative state: in dispute... why not slow down and let the court take a look at the issues?"
This is absurd rubbish from an intellectual midget. Terri's case has been the subject of lawsuits for the last thirteen years; every single issue has been kicked to death, resurrected for appeal, and then put to bed again -- 100% of the time in favor of Michael Schiavo. This case reached the U.S. Supreme Court six times; far from being a rush to judgement, it's difficult to imagine how this case could have had more meticulous judicial oversight.
The Irony
Two more points to consider:- Terri's medical care was largely funded by Medicaid, which the Bush administration is attempting to cut.
- Drowned out by the media circus covering the Schiavo case, a similar case was playing out. On March 15th, a Texas hospital disconnected life-support from a six-month-old infant against the wishes of his mother. This was done under the authority of a Texas state law which some lawyers claim is being applied in cases where the parents lack money to pay for continued medical treatment. The law was signed into the books by then-governor George W. Bush.
Post Mortem
So what's really going on here? Why was this case so important to the right, and how could they make such a mess of it?
Ironically, I agree with the answer a Republican has suggested. Former Republican senator and Ambassador to the United Nations John Danforth recently wrote an op-ed for the New York Times:
High-profile Republican efforts to prolong the life of Ms. Schiavo, including departures from Republican principles like approving Congressional involvement in private decisions and empowering a federal court to overrule a state court, can rightfully be interpreted as yielding to the pressure of religious power blocs.
Since moving to America, and more increasingly since 9/11, I have been alarmed at the degree with which religion and American politics has become intertwined -- all in the name of morality. To me, the Schiavo case indicates that with the legislative and executive branches controlled by Republicans, we must look to the judicial branch to provide a sense of balance. It's worth remembering the wisdom of U.S. Supreme Court Justice Louis Dembitz Brandeis:
The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.
I want to ensure that the last word on the subject is about the victim in this case: Terri Schiavo. Amidst the ugliness of lawsuits, partisan bickering, and familes torn apart by tragedy, the fact remains that there could be no happy ending for Terri, regardless of the whether she was taken off life-support or not.
Progressive commentator Al Franken was right when he said "The real tragedy was not when her feeding tube was removed; it was not when she died; the real tragedy was 15 years ago when she suffered brain damage."
I wonder what would have happened if the feeding tube had remained in. We could count on the "Rapture Right" to celebrate and declare the salvation of Terri's soul and the nation's morality.
But I fear that after this celebration they would have quickly departed for their next moral crusade. Terri would be left behind, exactly how they found her: motionless and vegetative, but now soiled by being forced to play the role of martyr for a cause she didn't believe in.
