Overkilling Schiavo
By: Rachel Marsden
TV psychic guy, John Edward, said on ABC’s “The View” the other day that Terri
Schiavo “knows about everything that’s going on around her.” I’m venturing to
guess that her next line was probably, “And you’re all total fricking idiots!”
The private dispute between members of the Schiavo family over the life of their
severely brain-damaged daughter/wife, Terri, should never have become the media
circus that it did. Someone should have hired Michael Schiavo’s anti-food tube
lawyer to shut down all the greasy spoons within a 20 mile radius that were
fuelling the reflex-driven, brain-dead reporters covering the case.
No one comes out of this looking good. Not President Bush, not the Democrats or
the Republicans, not Schiavo’s family, and certainly not the hyperventilating
media hacks whose own plugs I’d really like to pull.
First, so I’m not accused of bench warming, here’s my personal position: I
believe that something is seriously wrong when John Edward--a guy who makes a
living ‘communicating’ with the dead--has to come on TV and fill us in on what’s
really up with Terri Schiavo. Put it this way: If Mr. “I See Dead People” is the
only one who can really be seen to speak for me with any authority, then I think
it’s safe to say that I’m gone. Neither science nor theology dictates
that--common sense does.
In a few weeks, we’re going to look back and realize that far too many people
lost their minds when they morphed into piranhas for the Schiavo feeding frenzy.
Irreparable damage would have occurred, had some of these amped-up fools
succeeded in their efforts.
Schiavo came dangerously close to being the Republican Party’s Elian Gonzales.
I’m talking about the little refugee boy who President Bill Clinton ordered
ripped from his Miami-based relatives and given to his Cuban father in defiance
of the courts. Some conservative pundits have applied a “they did it, so why the
heck shouldn’t we?” argument to the Schiavo situation. Just because the
Democrats made themselves into fools over the Gonzales case, it doesn’t mean
that Republicans have earned a “free cock-up” pass.
Schiavo’s case dragged on for years, and in nearly every instance, the court
sided with the husband’s wish to remove the feeding tube based on evidence that
it’s what his wife would have wanted. If Schiavo’s parents had proof to the
contrary, or any significant evidence that the CAT scans and
electroencephalographic tests indicating brain-death were wrong, then they should have pulled out all the stops to present it at
trial--not after the fact, in the court of public opinion. Instead, they’ve
recently been out promoting “Terri’s Greatest Video Hits” collection from years
ago. It’s as if Terri and Madonna have the same agent.
Court cases can’t be retried simply on the basis that one party failed to do its
homework at the original trial and didn’t like the outcome as a result. I don’t
care if John Edward would have claimed to be getting psychic pizza
requests from Terri after the feeding tube had been yanked. There was no ‘new’
evidence here.
Immense lobbying and media pressure had been applied to GOP-appointed judges to
reverse the decision to remove Schiavo’s feeding tube late in the game. Caving
would have turned these judges into activists and ideologues themselves, and it
would have cost President Bush every single one of his upcoming judicial
nominees.
No strict constructionist judge would have overturned the decision to remove the
feeding tube in this case. Such a move would have been far more damaging to the
integrity of the courts in the long run. For once, the courts behaved as they
ought to have, and instead of being
congratulated, they’re catching holy hell for it from people with a political
axe to grind.
None of this can be chalked up to a leftist conspiracy. The original Florida
state judge (George Greer) who approved Michael Schiavo’s request to have the
feeding tube removed is a Republican Jeb Bush appointee and a Southern Baptist.
One of the dissenting judges (Ed Carnes) on the three-member panel of the 11th
Circuit Appeals Court that denied the reinsertion of the tube was a Bush Sr.
appointee.
In rejecting Terri’s parents’ final appeal to the 11th Circuit, Judge Stanley
Birch -- yet another Bush Sr. appointee -- wrote that “any further action by our
court or the district court would be improper. While the members of her family
and the members of Congress have acted in a way that is both fervent and
sincere, the time has come for dispassionate discharge of duty.” He added the
politicians who became involved in the case “have acted in a manner demonstrably
at odds with our Founding Fathers’ blueprint for the governance of a free
people--our Constitution.”
Conservatives rightfully blow a gasket when liberal judges use the bench to push
through their agendas related to issues like gay marriage. If Republican judges
would have bent over for the right-to-life movement in this case, then the fear
of overturning Roe v. Wade would have constituted the Democrats’ next fright
campaign. And it would have been devastating--mainly because Schiavo would have
finally given it the traction that Democrats have been looking for.
President Bush did what he had to do. He made a show of leadership by taking a
position on the issue, even though his statement in favor of erring on the side
of life illustrated the trouble with subscribing to the full meal deal for any
given ideology.
As Governor of Texas, Bush repeatedly lit up Death Row inmates like Christmas
trees hooked up to a “Clapper”. Back then, he wasn’t a fan of “erring on the
side of life.”
According to Rob Warden -- President of the Northwestern University Law School’s
Center on Wrongful Convictions -- “roughly a third of all capital cases are
overturned. Most of those are reversed and remanded for retrial. But since
1972…more than 120 have been freed. There are 119 who have been
exonerated--meaning that they were returned to the status of legally innocent.”
If only Bush would have given the lives of these people the same value and
respect as he did Terri’s. But given that Bush’s base consists largely of
pro-death penalty right-to-lifers, it’s silence -- not hypocrisy -- that would
have alienated this crowd.
The legislative and executive branches of government can’t overturn court
decisions that they don’t like any more so than Judge Ruth Bader Ginsburg can
tell the President which country to invade. As so many polls related to the
Schiavo case have shown, there is little public support for politicians sticking
their noses into private court matters. The Schiavo case isn’t a matter of
reweaving the fabric of society--unlike the case of activist liberal judges
foisting the gay marriage agenda on society when there’s little appetite for it.
It’s a private family fight that became the rollercoaster ride everyone wanted to hop
aboard for the sake of a cheap thrill.
In getting caught up in the horserace of husband vs. parents, courts vs.
politicians, and conservatives vs. liberals, the media has virtually ignored the
larger, more important issue that when Terri Schiavo was fully-conscious and
functional, she had chosen starvation. She battled an eating disorder and
struggled constantly with her weight. According to a Newsweek report, she shed
more than 100 pounds, developed bulimia, and ultimately ended up brain-damaged
as a result of a heart-attack brought on by a starvation-induced electrolyte
imbalance. She and her husband were given a million dollar malpractice award as
the result of a doctor not having detected and treated her disease.
I’ll bet that when Terri Schiavo, like many other young women, looked at
pictures in magazines of glamorous young starlets with their collarbones
sticking out, acting as bone racks for some Versace or Dolce and Gabbana
creation, she had a tough time picturing the uglier side of her disordered eating.
She ended up living it.
Terri Schiavo lying in a hospital bed should have taken Paris Hilton’s place on
teen magazine covers as the new poster girl for the realities of ‘anorexic chic’,
under the heading, “That’s hot?!” The media blew an opportunity to prevent other
women from suffering the same fate as Terri.
And finally, the press should be appalled at how it has portrayed Terri's
husband. He has been assigned the requisite red horns, tail and pitchfork in
this particular movie, with little or no proof to back up the nasty claims made
against him. Granted we know that he took up with another woman after giving up
hope on his brain-dead wife ever recovering, seven years after her accident. So
what? There are guys out there who would screw around on their wife if she
chipped a nail, let alone turned turnip. This may make him a candidate for
"Schmuck of the
Year", but hardly a ‘murderer’.
We also know that he became a nurse to better care for his wife, and that he
turned down multi-million dollar offers to walk away and abandon her.
Conservatives can’t have it both ways: Either they value the institution of
marriage, or they don’t. On her wedding day, Terri Schiavo’s father walked her
down the aisle and gave her away to Michael Schiavo. That’s supposed to actually
mean something. And as her husband, he honored his vow to be by her side until
the end.
There are no villains here, just a lot of shortsighted idiots who, thankfully,
never got their way. Now may this whole fiasco just finally rest in peace.