Euthanasia in America

The Schindlers have been locked for years in a battle with Schiavo’s husband over whether her feeding tube should be disconnected. State courts have sided with Michael Schiavo, who insists his wife told him she would never want to be kept alive artificially.

Late in the afternoon, the Schindlers arrived at the hospice, and Terri’s mother again pleaded with state lawmakers to save her daughter’s life.

“Please, senators, for the love of God, I’m begging you, don’t let my daughter die of thirst,” Mary Schindler said.

Terri may pass soon, people, while more of this bureaucratic mumbo jumbo takes place.

In court documents, the couple said their daughter began “a significant decline” late Monday. Her eyes were sunken and dark, and her lips and face were dry.

For those who keep referring to the facts in the case, I keep referring to Johansen’s NRO article, Starving for a Fair Diagnosis. You can also read Mark Levin’s account of “Men in Black” at NRO, and how the judiciary leverages the penumbra of an emanation, and manipulates the facts of a case. Lies can be told simply by omitting facts….and there are things missing in the “facts” of this case.

Given the difficulty of diagnosing PVS, the high rate of error, the obvious bias of the doctor whose judgment forms the basis of the judge’s ruling that Terri is PVS, and the growing outcry from the neurological community, how is it that Judge Greer’s ruling has been sustained? The answer is that in our legal system, once a judge has ruled on a matter of fact, it is very difficult to revisit such a ruling. The lawyers’ rule of thumb is that trial courts hear and rule on questions of fact, and appellate courts rule on questions of law; it’s unusual for an appellate court to overturn a lower court’s ruling because of an issue of fact.

That’s why, at every turn in this case, the Schindlers have had to try to undo the faulty rulings of fact previously issued by Judge Greer. They’ve had to go back before Judge Greer himself and try to convince him that he was wrong, and should undo his own rulings. Judge Greer has proven unwilling to do so. The higher courts, unwilling to overturn a trial judge’s rulings of fact, have no interest in granting new hearings. Michael Schiavo and George Felos have no interest in revisiting Terri’s diagnosis, as that ruling provides the whole legal basis of their ability to end her life. Dr. Cranford has no interest in seeing his own diagnosis called into question. Dr. Bell lamented that at this point, “medical realities are no longer governing this case.” He added that it seemed to him that medical issues concerning the care of the patient had been subsumed by legal issues. In our courts, he added, “once a decision is made they don’t want additional information.”

The whole history of Terri’s case over the past few years can be summed up as the efforts of the Schindlers, and those who value Terri’s life, to try to introduce additional information before the courts and other authorities. Some of this information consists of facts and arguments that were ignored or dismissed without adequate consideration; some has been the result of advances in the diagnosis and treatment of brain injuries over the last five years. On the side of Michael Schiavo, George Felos, and Judge Greer, their efforts have consisted almost entirely in trying to prevent any new information from being presented or considered.

The legal system’s willful blindness to facts cannot succeed forever. The truth has a way of coming out. But will it do so in time to save Terri Schiavo? Dr. Morin said that “the law can find a way to do the right thing if it wants to.” The problem so far is that those who have the power to do the right thing seem to have no desire or inclination to do so.

Not only that, but this one judge, this one man, has been making this life or death decision. Terri hasn’t had her own legal representation, or expert witnesses, and this hasn’t been heard in front of a jury. Would you want one single man making a decision like this for you or one of your loved ones? What is exasperating is all the other courts this has gone before have not allowed any new information to come in. (Much to the relief, I’m sure, of George Felos, Judge Greer and Michael Schiavo)

Cross posted to the Wide Awakes and Patriots for Bush

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