Some thoughts I wrote down during the peak of the Schiavo case early this year. It’s a review of the facts of her case as I see them.
- 1. Terri had a cardiac arrest because of a potassium deficiency, probably because of an eating disorder.
2. As a result of the lack of oxygen most of her cerebral cortex (the outer layer of the brain) necrosed (died) and is now replaced by spinal fluid in recent CT scans. This eliminated all higher brain functions. She survives on brain stem activity that regulates heart rate, breathing, temperature, etc. Her EEG shows no brain wave activity. She cannot swallow without danger of choking because of the brain damage.
3. Her husband Michael has fought for years to carry out her wishes and has been backed by judges in 9 cases. He has persevered though media attention, great expense and death threats with a dogged determination to carry out what the courts have held to be Terri’s wishes.
4. Her parents have fought for years to keep the feeding tube in place through a series of emotional appeals and legal tactics. They have persevered through media attention, great expense and death threats to keep Terri alive regardless of what courts have found to be her wishes.
5. This case has dragged on for a decade. It has been through district courts in Florida twice, through the appellate system twice, reviewed by state Supreme Court twice, rejected by the federal Supreme Court thrice. I’m leaving out numerous other court proceedings. Her medical and legal options have been reviewed ad nauseaum. She has been looked at by medical experts numerous times. There has been no rush to judgment.
6. The legislative and executive branches have sought to change the outcome of the case. Illegal executive orders and hasty, unconstitutional laws have been signed and struck down in Florida. Recently a painful private medical issue has become an issue for grandstanding politicians in Washington.
Yet another unconstitutional law has been passed in yet another delaying tactic. The problem with this case has not been a lack of govt. intervention, the problem is too much. The congress and executive branch seek to insert themselves into a private family matter that has already been decided by the courts. This is the clearest violation of the seperation of powers I’ve seen in years.
Her continued existence only serves the emotional needs of her parents, who have testified that they would not have accepted her wishes even if there had been a properly executed living will. In short their grief does not allow them to carry out Terri’s wishes as decided in numerous courts. They simply need to let Terri go. No amount of rehab or treatment will help Terri re-grow large portions of her brain.
See Abstract Appeal for a good objective review of the case and links to some of court documents. Findlaw carries a lot of information and most of the court decisions and reports. A timeline of events in the case can be found at the Univ. of Miami
