djs,
Perhaps I do know more who to blame for Terri's death than I thought or admitted to. This editorial reflects the opinion that the Judiciary bears a great deal of blame.
http://www.JewishWorldReview.com | The law and justice often take
divergent paths. This was the theme of Stanley Kramer's 1961
masterpiece,
"Judgment at Nuremberg."
Spencer Tracy plays Dan Haywood, an American judge presiding over the
trial of four German judges accused of war crimes. Three are Nazi
functionaries. The fourth is Ernst Janning (Burt Lancaster), a
distinguished jurist who despised Hitler.
Janning is convicted for having sentenced an elderly Jew, Feldenstein,
to
death for having sex with a young "Aryan" woman. There was evidence
presented at trial that Feldenstein did indeed have sex with Irene
Hoffman
(Judy Garland), and this was a violation of Hitler's Law for the
Protection of German Blood and German Honor. But Janning is convicted
because the law he enforced was unjust. A judge's responsibility,
Haywood
said, is to stand for justice when standing for something is most
difficult.
When U.S. District Judge James Whittemore authorized the killing of
Terri
Schiavo, he could claim he was following the law. But no one will
accuse
him of standing for justice.
The state trial judge, George Greer, determined as a matter of fact
that
Terri was in a persistent vegetative state from which she could never
recover, and that she had expressed the desire to have her life ended
if
she ever were in that condition.
If it were clear this were so, there would be little controversy. But
four
dozen neurologists think Terri was misdiagnosed. And Greer's finding
that
she would want to die is based solely on the testimony of her husband,
who
is living with another woman by whom he has fathered two children, and
who
stands to inherit her estate.
Greer did not appoint a guardian for Terri, even though it was clear
her
interests diverged from those of her husband. He never ordered an MRI
or a
PET scan, the only way to determine the actual extent of her brain
damage.
This is equivalent to ignoring DNA evidence in a murder trial.
Those who would have us believe in Greer's finding of fact also want us
to
believe that starving someone to death is "withdrawal of life support,"
and that death by starvation is painless.
Specious as his fact finding was, Greer dotted his i's and crossed his
t's
with regard to legal procedure. All subsequent legal reviews have been
of
the law, not of the facts. It was to get a fresh look at the facts that
Congress passed legislation to permit review of the case in federal
court.
Hugh Hewitt, among other things a law professor, notes that it is
common
practice for federal courts to issue injunctions when it is endangered
bugs or plants that are at risk. But Judge Whittemore found the
narrowest
grounds he could to refuse to order reinstatement of Terri's feeding
tube.
In doing so, he stuck his thumb in Congress' eye, as Greer had done
earlier when he ignored a congressional subpoena.
The disdain judges exhibit for the people's elected representatives is
leading to a confrontation that will reverberate long after Terri
Schiavo's bones have moldered. We've been here before.
"This man sticks to a decision which forbids the people of a Territory
from excluding slavery, and he does not because he says it is right in
itself � he does not give any opinion on that � but because it has been
decided by the court," said Abraham Lincoln of Stephen Douglas' support
for the Dred Scott decision. Lincoln believed moral law and the will of
the people should prevail over the diktats of the judiciary.
"We are no longer a nation of laws," said a reader of Hewitt's blog.
"We
are a nation of lawyers. It doesn't matter how carefully we frame a
law.
It doesn't matter what sort of initiative the voters pass. The elite
judges do whatever they want."
No public interest is advanced by Terri Schiavo's death. No harm would
have been done by permitting her parents to care for her. If the law
demands Terri's death by this cruel means because her existence became
inconvenient for her husband, then, as the Charles Dickens character
Bumble said, "the law is a ass."
As Terri Schiavo was starving to death, Austria's justice minister
announced that a doctor who worked at a clinic where the Nazis killed
thousands of disabled children will not be put on trial because he
suffers
from severe dementia. I'm sure the irony is lost on Judges Greer and
Whittemore.
CDL