One particularly depressing part of the Schiavo fiasco

[edschweppe]

A three-judge panel of the Eleventh Circuit Court of Appeals has denied Terri Schiavo's parents' request for a temporary restraining order requiring the reinsertion of a feeding tube. Not a huge surprise, perhaps, and certainly not much cause for celebration. However, one of the three judges (Judge Wilson) dissented from the decision, and made the following statement in his dissent:

I am aware of no injury more irreparable than death. Clearly, the threatened injury of death outweighs any harm the proposed injunction may cause, i.e. reinserting the feeding tube. In fact, I fail to see any harm in reinstating the feeding tube. On the other hand, a denial of the request for injunction will result in the death of Theresa Schiavo.

(emphasis added)

I find it very depressing that a Federal appeals court judge could "fail to see any harm" in forcing an invasive surgical procedure on a human being. I find it especially depressing since:

• Ms. Schiavo is currently not competent to express her wishes directly; and
• the Florida courts have consistently held that there is "clear and convincing evidence" that she would not want to spend decades hooked up to machines.

Sigh.

The full Eleventh Circuit opinion is online here (192Kb PDF).

Comments

[jhetley.livejournal.com]

Ed, you should know better than to read _anything_ about the Schiavo case if you have _any_ susceptibility to depression. There is no aspect of the history that is safe.

[johnpalmer.livejournal.com]

Actually, the report by the Guardian ad Litem appointed by Jeb Bush was surprisingly heartening. It was a potent reminder that there are good hearted human beings at the center of all this.

I'm still tempted to smack the parents upside the head, and say "THOSE SIGNS ARE ONLY HOPEFUL WHEN THE CEREBRAL CORTEX STILL EXISTS!" but I do understand that they're not as stupid or uncaring as some people might think.

Mind, I take back any and all sympathy for them if they have participated, even mildly, in the condemnation of Michael Schiavo, over things they know are bullshit. It's possible to be right without someone else being wrong, and it's possible to beg for your daughter's life (however ill-advised I think it is to do so) without hateful suggestions that her husband wants her "killed", rather than "at peace, in accordance with her wishes".

[edschweppe.livejournal.com]

Most of the orders issued by various judges have been remarkably tender, given how painful this case is. And, as johnpalmer notes, the report (http://abstractappeal.com/schiavo/WolfsonReport.pdf) by Guardian ad Litem Dr. Jay Wolfson is quite heartening.

On the other hand, much of the content of the various filings, counterfilings, charges, countercharges, etc... feh.