Monday, March 21, 2005

Hard Cases DO Make Bad Law

Terri Schiavo's plight is heart-rending. She is the Florida woman who suffered bleeding in her brain some 15 years ago, and who has been the source of a battle between her putative husband and her parents ever since. He says she is in a persistant vegitative state, and that she wouldn't want to be kept alive like that; her parents say she is in fact responsive to them, that she would not want to die, and thus should not have her feeding tube removed so that she can essentially be starved to death.

The courts have consistently ruled in favor of her husband. First the Florida legislature, and now the US Congress, have tried to intervene on her parents' behalf.

Let me say that I do not at all trust her husband's claims in this matter. He has had several affairs, including at least one that produced a child, while his wife has been afflicted. He just wants out of an increasingly burdensome (to him) marriage. [Why doesn't he just file for divorce? Perhaps under Florida law he cannot as long as she is unable to respond due to her medical condition. Or maybe he's waiting to collect on her life insurance.] There is no independent evidence supporting his claim that Terri would not want to be kept alive this way; there is a lot of film and videotape of Terri responding to her parents and other visitors . . . and indeed, if one looks into her eyes in those films and tapes, one can see that despite her difficulties in communicating, the lights are on. Terri is at home.

One thing I have not seen in any of the news coverage of this situation is whether anybody has thought to get Terri a guardian ad litem, someone who could give the court independent advice and information. Perhaps that was her parents' original legal tactic, but since they have an obvious interest in the case, they were not sufficiently independent and disinterested themselves to be named Terri's guardians. Why no one else has been appointed [and whether that's even been tried], I do not know.

The news media have neglected to report many pertinent facts about this case. It is certain, however, that the state and federal legislative attempts to rectify the situation are unconstitutional. They have been drafted to deal strictly with Terri's plight. Furthermore, they violate the separation of powers under our system. The legislature is not supposed to adjudicate, any more than the judiciary is supposed to legislate. A better legislative attempt to help might be to change Florida law to give the parents of anyone in such a situation equal say-so with that person's spouse as to what will or will not be done medically.

At the heart of the matter, in any event, is this: in Terri's case, removing her feeding tube is cruel. It will cause her a slow and painful death. Given the visual evidence of her condition, starving her is just plain wrong. Her husband should not be allowed to throw her away just because he has the legal power, being her husband, to do so.

Therefore, while I do not agree that either the Florida legislature or the US Congress has the power to intervene in the ways they have tried to do, I agree with them 100% in terms of morality. Terri Schiavo should not be condemned to die by having her feeding tube removed. Someone needs to find a legal way to get it reinserted before even more unnecessary damage is done to this poor woman.

Wednesday, March 09, 2005

That's The Way It Is, 24 Years Later To The Day

Tonight marks the final night, 24 years to the day whence he started, that Dan Rather anchors the CBS Evening News broadcast. It's been an occasionally bumpy ride, hasn't it?

Still, I'd rather (pun intended) not see Rather's legacy besmirched by the controversy over last year's debacle about the alleged documents concerning Dubya's National Guard "service."

The documents' authenticity has been successfully challenged, thus producing the debacle. But what everyone seems to be forgetting is that the veracity of the documents' contents has never been in doubt. Indeed, the secretary who informed Rather that the documents were not genuine went out of her way to note that what they had to say was, however, accurate.

And that those contents established beyond doubt that Dubya's service in the National Guard was less than sterling; further, that he received special treatment and protections not afforded to the average National Guard enlistee.

And we thought Ronald Reagan was the Teflon president!

Monday, March 07, 2005

Even A Stopped Clock Is Right Twice A Day, . . .

so I guess I should not be surprised when I find myself agreeing with an editorial in the Omaha World-Herald. But I am, for the paper's editorial policies tend to remind me more of Attila the Hun than of reasoned discourse.

Anyway, the subject of my astonishment is the choice of the design for the upcoming Nebraska state quarter (to be released approximately this time next year). The four final choices are: a Conestoga wagon crossing the plains, with Chimney Rock in the distance; the state capitol building in Lincoln; the Sower (the statue atop the capitol building); and Chief Standing Bear, a Nebraska denizen and the catalyst for the US Supreme Court ruling that "Indians are people too."

The World-Herald's editorialist favors the Chief Standing Bear design over the others, and so do I. The Conestoga wagon and Chimney Rock have become passe cliches--Nebraska can do better than that! Besides, Chimney Rock has deterioriated so much over just the past 36 years that I doubt any Oregon Trail travellers of the 1800's would recognize it today.

The state capitol building is a marvelous and unique bit of architecture, but its nickname (which I won't repeat here) is rather off-putting. And the Sower, while a graceful statue, seems too esoteric and limited a design to represent Nebraska to the rest of the country as the best thing we have to offer.

But Standing Bear is of great significance--after all, Nebraska's state motto is "Equality Before The Law" (honored more in the breach than in the keeping, but that's a subject for another day)--and Standing Bear's Supreme Court suit proved it. Plus, none of the other state quarters that have so far been released have had a Native American as their subject matter. Thus, the Standing Bear quarter would be a standout from several perspectives.

Still, the final decision is up to the US Mint. Let's hope the people there want to do more than perpetuate cliches.