Sunday, March 27, 2005

No compelling reason

If you care at all about the Terri Schiavo sitution, Mr. Steyn's latest column is not to be missed. He starts like this:

A couple of decades back, north of the border, it was discovered that some overzealous types in the Royal Canadian Mounted Police had been surreptitiously burning down the barns of Quebec separatists. The prime minister, Pierre Trudeau, shrugged off the controversy and blithely remarked that, if people were so upset by the Mounties illegally burning down barns, perhaps he'd make the burning of barns by Mounties legal. As the columnist George Jonas commented:

''It seemed not to occur to him that it isn't wrong to burn down barns because it's illegal, but it's illegal to burn down barns because it's wrong. Like other statist politicians, Mr. Trudeau . . . either didn't see, or resented, that right and wrong are only reflected by the laws, not determined by them.''

That's how I feel about the Terri Schiavo case. I'm neither a Floridian nor a lawyer, and, for all I know, it may be legal under Florida law for the state to order her to be starved to death. But it is still wrong.

This is not a criminal, not a murderer, not a person whose life should be in the gift of the state. So I find it repulsive, and indeed decadent, to have her continued existence framed in terms of ''plaintiffs'' and ''petitions'' and ''en banc review'' and ''de novo'' and all the other legalese. Mrs. Schiavo has been in her present condition for 15 years. Whoever she once was, this is who she is now -- and, after a decade and a half, there is no compelling reason to kill her. Any legal system with a decent respect for the status quo -- something too many American judges are increasingly disdainful of -- would recognize that her present life, in all its limitations, is now a well-established fact, and it is the most grotesque judicial overreaching for any court at this late stage to decide enough is enough. It would be one thing had a doctor decided to reach for the morphine and ''put her out of her misery'' after a week in her diminished state; after 15 years, for the courts to treat her like a Death Row killer who's exhausted her appeals is simply vile.

There seems to be a genuine dispute about her condition -- between those on her husband's side, who say she has ''no consciousness,'' and those on her parents' side, who say she is capable of basic, childlike reactions. If the latter are correct, ending her life is an act of murder. If the former are correct, what difference does it make? If she feels nothing -- if there's no there there -- she has no misery to be put out of. That being so, why not err in favor of the non-irreversible option?

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