Some Thougths on Jurist Prudence
Some weeks ago, I came across a very good blog called Bull Moose. I have found some great insights there. Recently, I took issue with the Moose concerning his position on the Terri Schaivo case. I sent him the following email about an article on his attitude, expressed in this article, that Florida law needed to be changed.
I agree with most of your post about the Schaivo case, but must disagree with the position you took along with Charles Krauthammer. This idea that somehow Florida law is inadequate to the task is a wrong assertion, probably caused by the propoganda that has spewed from the Congressional Republicans. Terri has been in this state for 15 years. During all of that time her husband has been vigilant in seeing to her care, and, prior to the mess that started about 7 years ago, had Terri examined by a number of doctors. All arrived at the same conclusion. In a previous court filing, even her parents? stipulated to her being in a persistive vegetative state.
Over the past number of years, the Schindler family has approached the Florida courts with every possible legal maneuver. In addition, the Florida Dept. of Children and Families has investigated abuse claims. For a year, Terri had a court appointed guardian ad litum. No person has ever, in the history of medicine, been given more due process than Terri Shaivo. In every case, the courts have found her husband to be acting in her best interests, and the evidence they have seen and the testimony they have heard has always brought them to the same conclusion…that Terri Schaivo’s husband Micheal was acting appropriately on her behalf. I doubt any person put to death by the state in this country has ever received more hearings.
Many politicians and pundits say things like, “well we can’t know the real facts.” True, we can’t, but we have a system of jurist prudence on which we rely to make findings of fact. And that has happened over and over again in this case. We can’t be selective about this system. We even rely on it to put people to death, and to lock them away for their entire life. Each person can’t try to be the final arbiter, and we rely on our courts in those cases. We know mistakes happen, so we have an appeals process. Terri’s case has been reviewed by every court in Florida, and now the federal courts up to and including the Supreme Court.
It is time we trust that all of these judges can’t be murderous liberal activist villains. Florida has a law and appropriate mechanisms for this sort of thing, and had it not been for the interference by the state legislature, the state executive branch, and most recently the federal legislative and executive branches, this issue would have been resolved long ago.
I’m sorry for the Schindler’s loss. I say that in past tense because doctor after doctor has determined that Terri was gone long ago. It is well past time to let set free her spirit. There comes a time when we are no longer saving a life, but merely delaying a death.
The Schindler’s can’t seem to grasp this concept and not being a parent, I can’t place myself in their shoes, but the easy thing for Michael Schiavo would have been to walk away long ago. He didn’t, and there is no external incentive for him to continue the fight as he has. That alone is enough to convince me that he loves Terri and is trying to carry out her wishes.
This case is not as special as it’s been made out to be. It just so happens there have been two parents who have gone to extreme and ridiculous lengths to interfere in the marriage of their daughter, and there is some evidence that they may be using the case for financial gain. They have setup a foundation, but it is not a “non-profit” foundation. Therefore, there is no reporting requirement.
The laws of the U.S or Florida do not need re-writing because of this case, other than perhaps to restrain the future involvement of the legislative and executive branches of the government in individual cases. There is no dispute here except that some politically connected parents have been able to swindle the right wingnuts of this country into taking up their cause.
