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March 31, 2005
Baruch dayan emet
All Terri Schiavo entries are here.Terri Sciavo refused to die for a very long time, long enough to enable protestors to work up an enormous amount of outrage, but unfortunately not long enough for one more legal appeal to save her.
So where do we go from here?
"Right to life" activists will use this case as an example of the "slippery slope" that results when we attempt to justify aborting babies-in-the-making. Unfortunately, most of the "pro-choice"/feminist movement cast the Schiavo case as a simple "right to die" case, ignoring all the evidence which didn't support that interpretation, and ignoring the long liberal tradition of supporting women's and minorities' civil rights. They did this because countering the "right to life" movement - whatever the issue - trumps everything else, because to them there is a slippery slope from upholding a severely disabled woman's civil rights to claiming that fetuses have such rights. Thus they fulfilled the fears of the "right to life" movement and weakened their credibility.
Can a case be made for keeping abortion legal, which also recognizes the subtleties of defining "human life"? What combination of cognitive awareness, brain development, physical integrity, and dependence on others allows us to define Terri Schiavo as a citizen fully deserving of equal protection under the law, while denying that right to a two-month old fetus?
I don't know. Women should be able to choose whether or not to bear children. Birth control isn't perfect. But I would rather honestly face the problem of defining "human life" and granting it civil rights, than avoid the implications of Terri Schiavo's predicament.
Redstate asks "Where will the activist energy go (if anywhere) after Terry Schiavo dies?" (The discussion continues here.) I posted several of the disability rights articles I have linked to before, and some people appreciated that. Several said that it wasn't a disability rights issue since Schiavo's level of brain damage put her right on the edge of being "a living person," which is very different from types of brain damage in which it is indisputable that there is a living person, whatever their cognitive deficits are.
But that's not the issue. This is the issue:
Our country has learned that we cannot judge people on the basis of minority status, but for some reason we have not erased our prejudice against disability. One insidious form of this bias is to distinguish cognitively disabled persons from persons whose disabilities are �just� physical. Cognitively disabled people are shown a manifest lack of respect in daily life, as well. This has gotten so perturbing to me that when I fly, I try to wear my Harvard t-shirt so I can �pass� as a person without cognitive disability. (I have severe cerebral palsy, the result of being deprived of oxygen at birth. While some people with cerebral palsy do have cognitive disability, my articulation difference and atypical muscle tone are automatically associated with cognitive disability in the minds of some people.)Wittenberg Gate suggests that the "pro-life" crowd and the disability rights crowd form a coalition on issues they share (which I suspect has been happening already, but may gather steam now). Even extremely lefty Common Dreams is hearing from disability activists:The result of this disrespect is the devaluation of lives of people like Terri Schiavo. In the Schiavo case and others like it, non-disabled decision makers assert that the disabled person should die because he or she�ordinarily a person who had little or no experience with disability before acquiring one��would not want to live like this.� In the Schiavo case, the family is forced to argue that Terri should be kept alive because she might �get better��that is, might be able to regain or to communicate her cognitive processes. The mere assertion that disability (particularly cognitive disability, sometimes called �mental retardation�) is present seems to provide ample proof that death is desirable.
There isn't a single disability rights activist I've heard from who is happy that things ended up at such a sorry pass, and who isn't afraid that this will make liberals hate them even more than they now do. Yet it cannot help being noticed that it generally depends on whose ox is being gored as to what side of the states' rights debate one comes down on. We're all for federal laws when it comes to things like civil rights -- and gay marriage. We're not, though, when it comes to things we've labeled as "right to die" -- which we say are "privacy issues."What follows is five news stories of people killing their disabled relatives.We might want to take another look at the cost of such privacy.
The disability rights movement I cover is made up of individuals who themselves are living lives that they may not have been able to previously imagine. Individuals who can communicate only via technology -- who, without today's computers, might very well be thought to have little or no cognitive ability. Several of these people, in fact, contribute regularly to Ragged Edge Online. There are people who have experienced aphasia. There are people with brain inries.
To these people, the case of Terri Schiavo looks very different.
They are particularly angered by the belief that Michael Schiavo knows what Terri Schiavo wants. "We didn't know what Terri wanted," Michael Schiavo told Larry King on Friday. "But this is what we want."
This isn't about Terri Schiavo anymore.
Jeremy notes that feeding tubes are fairly mundane necessities for a lot of people who have enough cognition to discuss the pros and cons of different models on a message board.
Congress seems to be aware of the disability aspects of the issue:
"I think we should look into this and very possibly legislate it," said Representative Barney Frank, Democrat of Massachusetts, who opposed Congressional action in the Schiavo case. Mr. Frank was speaking on Sunday on the ABC News program "This Week With George Stephanopoulos." Mr. Frank added: "I think Congress needs to do more. Because I've spoken with a lot of disability groups who are concerned that, even where a choice is made to terminate life, it might be coerced by circumstances."More on Tom Harkin, who apparently rallied the Dems who supported the congressional measure.In the Senate, Tom Harkin, Democrat of Iowa, has also been consulting with advocates for disability rights and is preparing to introduce legislation along the lines of the bill that the House passed, a spokeswoman said. Senator Harkin, an author of the Americans With Disabilities Act, was one of the few Democrats in the Senate who spoke in favor of the so-called private relief measure that allowed a federal court to review Ms. Schiavo's case.
UPDATE: Just a reminder about some people who took Terri's side, or at least supported the federal intervention, who are not rightwing fundamentalist right to life Taliban nutjobs trying to impose a theocracy on America:
Bill Clinton
Alan Dershowitz
Joe Lieberman
David Boies
Jesse Jackson
Ralph Nader
Lanny Davis
UPDATE: Dirty Harry has just one small question for the "pull the tube" contingent. He's willing to agree with all their other points if they will answer just one small question. If you thought pulling the tube was the right thing to do, give him an honest answer to his question.
UPDATE: Jane Galt asks essentially the same question.
Judith | 03/31/05 at 02:13 PM | Categories: - Terri Schiavo
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» The death wish of George Felos from Kesher Talk
Last year I posted enough about Terri Schiavo to give the issue its own category. The case aroused strong emotions on both sides, and - like the Iraq war - positions cut across political allegiances. For example, I thought there... [Read More]
Tracked on April 2, 2006 12:07 AM
Comments
Judith,Why on earth would I answer a question from someone who addressed me as a "death merchant"? And why would you link to someone like that? Do you think the that anyone who has a different opinion on this than you is a "death merchant"? Do you still not see the problem with a good portion of the rhetoric and tactics coming from this side of the question?-Eric Deamer
Anonymous | March 31, 2005 11:07 PM
I don't like a lot of the rhetoric on both sides. But he and Jane ask a question that is crucial to this case, and the precedents it sets.
Judith | March 31, 2005 11:17 PM
The case was unique, and from what I could tell neither one of them asked a question about the same situation or about something analogous. Since you're saying you have problem with the rhetoric on "both sides", I'm wondering where all this horrible rhetoric from the "anti-tube" side is. We have the pro-tubists calling people Nazis and killers and death merchants (and not unironically making a death threat against an anti-tube professor). Where is there anything equivalent coming from the other direction?The pro-tube side has fairly respected pundits doing this. The only thing I can thing that's been bad on the anti-tube side was some random website that Lileks somehow found that made all sorts of tasteless jokes about Terri Schiavo's condidition, but that wasn't by anyone of any prominence and it wasn't really political, just a sick joke, which unfortunately is a phenomenon that has always happened. I remember that one pro-Iraq-war argument, as well as more general pro-Bush argument, has been that the people who are anti-war and anti-Bush were more unhinged, more angry, more intemperate and less unreasonable. I think it's a fairly easy call which side has had that distinction here. Anyway, I actually clicked on the link and was trying to approach it with an open mind, before I was called by implication a "death merchant." I wouldn't send you (or more generally "my readers") a link that placed them in that category, to give a frame of reference.
Anonymous | March 31, 2005 11:59 PM
Obviously, that was me.-Eric
Anonymous | April 1, 2005 12:00 AM
And obviously multiple typos, some of them which changed the meaning even. "less unreasonable" was meant to read "less reasonable" for one thing. Sorry. I'm very tired.-Eric
Anonymous | April 1, 2005 12:03 AM
Nat Hentoff belongs on the list of non-conservatives who opposed this Judicial Murder (his term).
Glen Wishard | April 1, 2005 02:32 AM
Dirty Harry’s question is good, but the wording is extreme. Unlike Islamist terrorism, this isn’t a case of absolute evil vs. the rest of the world. There are very few Taliban, genuine Nazis, fascist purists and death merchants involved here. I think we’ve gotten so used to arguing against fascism/terrorism and the Michael Moore/Columbia University-type creeps, we’ve forgotten how to disagree with reasonable people who are using goodwill and sometimes faith to find a solution to a difficult problem.Most people who believe in the right to die aren’t death merchants. Most people object to the idea of starving a young woman to death aren’t religious zealots. There are extremists on the left and the right whose motives in this case are suspicious, but their motives are always suspicious. They’re the bad guys. We already know that. Most Americans who support the right to die or the right to live aren’t extremists.I support the right to die but I don’t like the idea of starving anyone to death, and I don’t think that medical science knows enough about how the brain functions to tell us conclusively if Terri felt pain. The nastiest, most brutal and efficient killer around is nature. There is no real difference between a mercy killing and “letting nature take its course”, which is something I wish the Florida legislature would figure out. But despite the fact that the Florida legislature made some very huge mistakes here, they’re not Nazis, death merchants or extremists. This case proves that some laws need to be changed. Pushing moderates into extreme positions usually creates the worst laws. Listening to moderates, while doing everything to keep the extremists out of the process usually creates the best laws
maryatexitzero | April 1, 2005 11:12 AM
Look, this case simply raised the same question that Karen Ann Quindlen raised: which organ do we look at to tell whether a person is living?Traditionally, we looked at the heart, but since Quindlen we've decided the brain is a better indicator of life (as a human person) and death. So we switched to a "brain death" standard.Some people still cling to the traditional view and maintain you don't need a brain of any sort to be considered human. These people obviously have a conflict of interest.So the Schiavo deal wasn't a fight between people saying "kill her" and people saying "feed her", it was a fight between people who saw her as already dead and people who didn't.Let's at least be honest about the issue, OK?
Mossback | April 2, 2005 04:23 PM


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