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Schiavo Update

March 24th, 2005

As expected, the federal courts are ruling exactly as the state courts ruled. It’s no real surprise, as Terri Schiavo’s physical state is clear, and strong evidence of her wishes in the matter were demonstrated in a manner commensurate with legal definitions. The first federal court denied the Schindlers’ request to overturn the decision to remove Terri’s feeding tube. They appealed, and the 11th circuit court rejected the appeal, as well as rejecting a request for the matter to be heard by the entire appellate court. They just don’t have any law behind them, nor do they have any convincing evidence to back up their claims. It certainly doesn’t help that the right-to-lifers came in and tore their credibility to shreds by offering a quack doctor as an expert witness and making a blizzard of fake or extremely skewed claims in the press and in the courtroom.

So now they’re appealing to the Supreme Court, which has already turned down three requests to intervene, and it is highly unlikely that they will change their standing on the issue. The right-to-life movement chose the wrong case to bring: they apparently chose to back the Schindlers because they felt that Terri would provide a sympathetic face to the issue, but in terms of legality, Michael Schiavo’s case is rock-solid. Think about it: not only Schiavo, but also several of Terri’s friends testified that Terri made clear statements that she would not want to be kept on a feeding tube, exactly this situation. To assume Michael Schiavo is lying, you must also believe that several of Terri’s friends are also complicit in the conspiracy. Why do so many people want her dead? The answer is, they dont: they just want her own wishes in the case to be honored, it’s as simple as that.

Meanwhile, the polls are solidifying the fact that the public overwhelmingly supports Schiavo’s and the courts’ decision to remove the feeding tube, but also that politicians are using the case inappropriately to pander to voters. A new CBS poll finds that 74% of the people believe Congress got involved just to advance their political agenda, and fully 82% said that Congress and the president should not be involved in the matter. And that’s the real fear that people have: that the government may take away from us the freedom to decide for ourselves.

One positive result from all this is that Bush and the GOP may see this whole thing backfire on them–in fact, it may already be happening. That CBS poll found that not only does the public disapprove of Congress more than before, but Bush’s own popularity rating–which has remained stuck at around 50% despite countless scandals and misdeeds–has now sunk to 43%, from a February rating of 49%. True, other causes may factor into this, but it certainly is not a good sign for the administration, and might possibly be an indication of a stronger public backlash than anyone imagined.

UPDATE:I was just about to post this when I noticed the news came out in the past hour that the U.S. Supreme Court has, unsurprisingly, rejected the Schindler appeal. Extraordinary due process has been served. The law–and Terri’s wishes–may now finally be carried out despite the outcry from the most vocal minority.

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  1. LAM
    March 26th, 2005 at 15:16 | #1

    It’s amazing how much some of you people think you know. First, these friends of Terri’s that you speak of were actually Michael Schiavo’s brother and sister-in-law. Isn’t it interesting that the only people that KNOW that Terri would want to starve to death rather than be hooked up to a feeding tube are Michael Schiavo and HIS family members?? Interesting indeed. Of course, it doesn’t matter that none of Terri’s blood family members ever heard Terri express this. Interesting indeed. And, how very interesting that Michael Schiavo never mentioned for 7 long years after Terri’s accident that Terri didn’t want to be living by way of a feeding tube. What took you so long Michael?? Afterall, you have been telling everyone about the importance of you keeping your word to Terri that you “wouldn’t allow her to be kept alive on a feeding tube”. So….why did you allow her to be kept alive for 7 long years on a feeding tube before you brought this FACT up?? Huh, Michael?? This was about the time you got all that money that you told the courts you had to have in order to take care of Terri….for the REST of her life. It was about $750,000 that you received!! And you spent half of it on lawyers so that you could starve Terri to death. It was time for a new life with your new girlfriend, huh Michael? And, let’s forget the other conflict of interest….Terri told others before she had her horrible accident that she no longer wanted to be married to Michael. Terri informed numerous people of this. In fact, she and one of her best friends began discussing getting a place together and living together as roommates. Any sane, fair and competent judge would have immediately seen the conflict of interest in such a suspicious state of affairs. Judge Greer should be impeached. He needs to leave the bench because he is incompetent, insane and unable to be unbiased.

    Oh and by the way, don’t assume that everyone who has threatened Judge Greer is a RTL person. There are many people who are upset with him. I know democrats who are upset with Judge Greer’s decision and say that they are outraged at what is happening in the courts of Florida.

    And regarding the children who are being arrested for trying to get water to Terri, it is probably one of the more meaningful things that they are doing in their life. Too bad more children don’t want to be as involved in such meaningful happenings within our country. I’m proud of those kids. Quit exaggerating adnauseum.
    LAM

  2. Luis
    March 26th, 2005 at 17:40 | #2

    It’s amazing how much some of you people think you know. First, these friends of Terri’s that you speak of were actually Michael Schiavo’s brother and sister-in-law. Isn’t it interesting that the only people that KNOW that Terri would want to starve to death rather than be hooked up to a feeding tube are Michael Schiavo and HIS family members?? Interesting indeed.Actually, you do have a good point there in that the fact that it was members of his family–family friends, as it were–who were witness–I did in fact find that out shortly after posting, but decided not to edit the post for the specific reason that also rebuts your argument: it doesn’t matter. Think about it: what difference does it make? You certainly do not explain what difference it makes, though you do insinuate.

    What motive would Schiavo’s brother and sister-in-law have to perjure themselves? Just because they’re in the same family? Would you perjure yourself for your sibling on such a matter? And that leads back to the question of what Michael Schiavo’s motive is supposed to be. The RTL’ers always say it’s money, but there’s no money to be had. So what’s left? Mean-spiritedness?Of course, it doesn’t matter that none of Terri’s blood family members ever heard Terri express this. Interesting indeed. The relationship between family members is often less intimate than with one’s spouse. But in this case, it was simply a matter of opportunity: They were watching a film at the time in which such a situation was portrayed, and Terri made clear that she would never want such a thing to happen to herself–“no tubes for me” was the quote, I believe. That her family wasn’t there is not suspicious. And that she never said so to her family is not suspicious either: Terri may well have been less serious about her Catholicism than her parents, but would know that if she expressed a wish to be taken off a feeding tube in that manner, her parents might be critical or even angry. Certainly her parents are showing great opposition now; Terri may well have been aware of that, making it far more likely that she would not mention such preferences to them.And, how very interesting that Michael Schiavo never mentioned for 7 long years after Terri’s accident that Terri didn’t want to be living by way of a feeding tube. What took you so long Michael??Never mentioned to whom? You have evidence that he never said that for seven years? Besides, your point is moot: it took him that long to come to the conclusion that Terri was gone, that no rehab could bring her back, that she was dead to the world, and in the state that she had described as one she would not tolerate. In the seven years he held on to the hope that she might come back, hanging onto hope of recovery, not believing yet that she was gone, he would have had no reason to mention her wishes for that–indeed, he would have reason to avoid talking about such things, as part of the denial that Terri’s parents are still feeling.Afterall, you have been telling everyone about the importance of you keeping your word to Terri that you “wouldn’t allow her to be kept alive on a feeding tube”. So….why did you allow her to be kept alive for 7 long years on a feeding tube before you brought this FACT up??The feeding tube is not the deciding factor here, the chance of Terri’s recovery is. I greatly doubt that Terri would have wanted to have life support removed if there was a 50-50 chance she could recover two months later. Be realistic. It was about $750,000 that you received!!Here’s where you’re being dishonest. Michael Schiavo never received $750,000. The settlement was $761,507.50 for Terri; an additional $300,000 went to Michael Schiavo for his personal use. And you spent half of it on lawyers ….Half the million-dollar settlement was spent to defend Terri’s wishes–and that was court-authorized, since Michael Schiavo did not have control over the money. Of the remaining money, most was spent on medical care for Terri, leaving only $50,000 in the fund.

    Here’s where you and the other conspiracy-theorists are wrong in the insinuation that Schiavo was after money: if that were his motive, he would have moved quickly to take her off support. However, he did not. In fact, for more than a year after he got the money, he maintained Terri’s care in “a skilled nursing facility where she receives aggressive physical therapy and speech therapy.” It was not until 1998, five and a half years later, when Michael Schiavo petitioned for the court to determine whether the feeding tube should be taken away. He had no legal actions running that could return money. So if you were right, and if he wanted to get the money for himself, why did he wait for five years while at least a few hundred grand was being spent on medical care? It was a minimum of $80,000 a year, which means that $320,000 was spent in the hospice before he petitioned the court, and the four years before that of aggressive therapy, including the implants, no doubt cost him far more than that. That means that he likely lost more money than he ever received, even before the 7-year court-battle began.

    Furthermore, Schiavo has been offered far more money that the court settlement and refused. The Schindlers (with money from RTL groups) offered him between $500,000 and $700,000 before any of this became a huge public issue; Schiavo turned them down. A California businessman offered Schiavo $1 million recently–again turned down. Offers as high as $10 million have been made–all turned down.

    If this is a guy out to make money off his dying wife, isn’t it strange that he’s refusing huge offers to buy him off?

    People talk about media deals. Well, let me tell you, Schiavo could make ten times more from book and movie deals if he were to do a 180, side up with the right-to-lifers, and then write a faith-based affirmative-style I-done-wrong-but-now-I-see-the-light confession book–and he’d be a hero with the same people who are now making death threats and putting bounties on his head. He’d be safe and rich beyond whatever he could possibly he could hope to gain right now. So why doesn’t he?

    So let’s dispense with the whole “he’s in it for the money” BS, shall we?

    And I find it “amazing” (as you put it) that people like you can express dumbfounded puzzlement over mot distinguishing between “friends” and “family friends” and then immediately get so many other facts even more wrong yourself. Question is, will you correct yourself?And, let’s forget the other conflict of interest….Terri told others before she had her horrible accident that she no longer wanted to be married to Michael. Terri informed numerous people of this.Riiiight. Provide a link. Otherwise I’ll file this with the hundreds of other lies and unevidenced rumors. Or maybe you’re subconsciously–or intentionally–mixing this up with the Scott Peterson case.

  3. Harry Kelso
    March 27th, 2005 at 23:48 | #3

    WHAT IF?
    What if Terri was a Lesbian with a Life Mate and she had a living will to designate her Mate to make decisions like her Husband does today.

    What if her Mate decided to remove the feeding tube.

    What if the parents objected like they did recently.

    What if the courts heard the case.

    What if our President heard about this case, would he be so relentless to get it to Congress for a vote?

    If everyone is so uptight about saving a life, would this “What if” mean so much?

    Harry Kelso
    What IF?

  4. Luis
    March 27th, 2005 at 23:55 | #4

    Probably the parents would win, because gay marriage rights are not yet established. Bush might not be so hot to jump all over it, but he would definitely side with the parents, no question about it. He would likely not want to make an issue of it, however, as it might fall into the lap of a judge who would interpret common-law marriage or other cohabitant rights too strongly for Bush’s tastes–or it might highlight exactly what rights we are denying gay people today, setting the gay marriage issue in a light other than “it’ll destroy marriage for the rest of us.”

    One thing that would not change: Bush and Congress would react in an entirely political context, just as they did with Terri Schiavo’s case.

    Betcha that the right-to-lifers would stay away from it even more so than Bush… and as such, the case would probably be a lot less likely to come into public view….

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