Terri's Tragedy - Another Partisan Slugfest
What followed was a stunning legislative congressional action, prompting national debates about federalism, the separation of powers, Medicare/Medicaid, the sanctity of life, the right to die, living wills and, of course, the whole history of the Terri Schiavo case where, it appears, that every politician and TV pundit has suddenly become a medical expert.
Unfortunately, instead of intelligent, measured and rational discussion, the on-going debate has disintegrated into yet another partisan, ideological, around the clock mud slinging contest riddled with exaggeration, propaganda, misinformation and ad-hominem attacks so sadly characteristic our current state of national discourse. A good portion of the blame belongs to the main stream media, who rarely offer viewers level headed, intelligent pundits who can thoughtfully and truthfully articulate opposing and nuanced viewpoints. Instead viewers are subjected to overtly partisan voices who are willing to distort, lie and over simplify in the name of ideology, thereby continuing the destruction of our collective intellect.
In my opinion, most of the ideological baiting in this controversy has come from conservatives who are consistently sensationalizing the tragedy by regularly employing provocative terms such as “murder”, by distorting truth about Terri Schiavo’s condition and by repeatedly insinuating that Michael Schiavo has been abusive and/or has diabolical ulterior motives.
I’m tempted to rehash all of the individual bits of misinformation and rhetoric but by now it’s been hashed ad nauseam elsewhere and everywhere. But here is the gist of the discourse:
A vocal segment of conservatives are accusing liberals of continuing to foster a “culture of death” because they oppose measures to intervene against the decisions of “activist judges” who would order the “torture and murder” of an innocent young woman. Particularly annoying (and a poorly made analogy) is the oft repeated conjecture that if one were to starve a dog, they would be committing a crime, whereas the “murder” of Terri Schiavo is legally sanctioned. Never mind that most liberals are equally distressed and repulsed at the starvation aspect of this case (more on this later) and are generally only opposed to conservative politicians attempting an end run around the system. I’m also quite sure the judges in question do not “want” Terri Schiavo to die (and especially not by starvation), but being judges they are ethically bound to rule in accordance with the evidence and within the framework of existing law.
For their part, liberals have been very vocal in pointing out the hypocrisy of George Bush and conservatives by alluding to a law passed in Texas requiring the removal of feeding tubes in certain cases and in pointing out the inconsistency of the conservative mantra “to err on the side of life” as applied to issues health care, the death penalty and the Iraq War. While there may be some validity to these observations, such rhetoric does not address the argument at hand and merely serves to agitate public discourse.
At any rate, the whole controversy boils down to two fundamental legal questions: 1) Is Terry Schiavo in a Persistent Vegetative State? 2) Did Terri Schiavo express the wish to refuse medial care should she ever find herself in this condition?
For nearly a decade, these questions have been painstakingly addressed in the Florida court system, which applied all of the appropriate time tested scientific and legal methodologies. The court determined that Schiavo is in a PVS and that she did express a desire to refuse medical care in this scenario. The court also appointed an independent guardian, Jay Wolfson (one of the few rational voices in the resulting cacophony), who spent 30 days with Terri Schiavo and reviewed thousands of pages of court documents. He too came to the same conclusions as did the courts. (Read his report here.)
All the rest of us – every talking head, pundit, self-proclaimed expert, politician, or blogger -- are merely engaging in speculation. Until each one of us obtains advanced medical and legal degrees and spends 30 days clinically evaluating Terri Schiavo, our opinions on those two questions remain uninformed and largely irrelevant. This includes those doctors who have submitted affidavits on the Schindler’s (her parents) behalf, but who have not actually clinically examined Terri Schiavo.
(On question two, I concede that it is impossible to know what a person really wants once they actually find themselves in such a state. Regardless of what one may have said earlier, one’s initial feelings on the matter may reverse. But assuming for a moment the unlikely proposition that Terri Schiavo is minimally conscious; we cannot know if she is content and desperately wishes to be maintained or whether she is suffering terribly and desperately wishes to put an end to it all. If the latter, all those well meaning people holding vigil for Terri Schiavo are actually and ironically praying to continue her suffering. I would think this alone invalidates the "err on the side of life" argument.)
And so I watched in disbelief (live on CSPAN) last Sunday as Republican congressmen intervened and passed bill s.686 requiring a federal judiciary review the Schiavo case. This unprecedented action was based not on a thorough review of the evidence or facts of the case but on sheer speculation, insinuation and hearsay. Its bad enough that the principles of federalism and separation of powers can be cast aside any time the majority party decides it doesn’t agree with the existing legal framework, but to do so without an objective review of the facts is particularly scary.
(It has been said that no party really cares about federalism and the separation of powers when they are in the majority and indeed this argument has been with us since the founding of our nation.)
As it turns out the “Palm Sunday Compromise” congressional intervention had little teeth – a fact that has infuriated both sides of the aisle. Pro- Life conservatives such as Randall Terry of Operation Rescue are incensed that Pro-Life politicians were unable or unwilling to actually legislate a stay which would result in Terri Schiavo’s feeding tube being reinserted. Liberals see this same inaction as further evidence that the whole Palm Sunday congressional session was nothing but a political ploy.
The ironic tragedy of this case is that it is precisely the Pro-Life community’s opposition to any kind of right to die laws that have made necessary the cruel and revolting death by starvation. Thus Pro-Lifers find themselves outraged and holding vigils to prevent a starvation which they themselves have in essence required. The reason pet owners don’t have to starve their terminally ill pets is because, ironically, animals (and criminals) are allowed to die with dignity via medically assisted euthanasia. This aspect of the Schiavo controversy has been underplayed in the media.
Finally, my spouse and I both decided that while we would definitely honor each other’s preference to die were we in Schiavo’s condition, we would acquiesce if the other’s parents were adamantly resolved to keep us alive and if that somehow brought meaning to their lives (delusional or not). The logic being that if we were truly PSV, it really wouldn’t matter anymore what we thought we originally wanted. (The dangerous caveat is that we might really have some minimal level of consciousness that was suffering immensely.)
And so, I sincerely sympathize with Terri Schiavo’s parents and part of me wishes that Michael Schiavo would have simply allowed the Schindlers to continue to care for Terri as it is highly unlikely that she is minimally conscious as evidenced by MRI scans that show her cerebral cortex replaced by spinal fluid. But as it stands, the courts have ruled and working within the established legal framework is the best we can do in mediating these situations.
Unfortunately this family’s personal tragedy has been dragged out into the street for all to see by meddling politicians and organizations who, despite good intentions, have nonetheless turned Terri Schiavo into a political device to advance their ideological cause. And most disheartening, next to the congressional abandonment of reason, objectivity and process, was to see how fast and disgustingly the TV and radio pundits fell into line spouting their partisan nonsense.
One bright spot: Despite the punditry, among regular people, polls show that there may be some backlash against the vocal segment of conservatives and Republican politicians as a large majority disapprove of the governmental interference in this case.
P.S. – For an informative timeline complete with legal documents and statements, click here.
For an informative article about the differences between minimal concsciousness, PVS, comas and brain death and what does it mean, click here.
I'm a little bit fired up this story which demonstrates just how far journalistic standards have fallen and how critical analysis and investigatory rigor have completely given way to the ratings game.
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