Hypocrisy

rbruma, that is a definitive answer, it's outside of their jurisdiction.

dsdsds said:
You either are for death (abortion, death penalty, merci killing) or for life. Period. I believe life is a right and society can not remove that right from any individual. So I am against abortion, death penalty, and merci killing. Choose a side and stick to it god damnit!
Bullshit, when you are for humane treatment for everyone, then that means sometimes life, sometimes death. If Bush was really for life, he would be against war and the death penalty too. It's all an example of the kind of black and white thinking that Christianity creates. Things are either good or evil, never shades of grey. They think as long as someone is technically alive, then there is still a soul there, they don't acknowledge that our personalities, the way we experience life is with our brains, and Schaivo's brain is heavily damaged, liquified, let the body die already, she expressed her wishes to her husband several times with regard to other people's situations, and he would be the one to know, he is also her legal guardian, no one else. There are many people in hospice situations, should we always make them experience the final agonizing days and weeks of terminal cancer? Euthanasia is humane. I wonder how the right-wingers treat their pets, did they ever have to put them "to sleep"? My dog's final weeks were filled with what seemed to me like agonizing convulsions, brain damage, and total personality change, but my mom refused to euthanize him until his life was nothing but convulsions, that was so wrong, and it was all because she has a neurotic view about death. Because I loved that dog, I would have pulled the trigger myself to end his life. This whole country seems to have a neurotic view of death as the embodiment of evil. It's sick and immoral, death is a natural part of life, and when your life consists of nothing more fufilling than continuing to breathe, it's a welcome alternative.
 
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Dr. Lou Natic said:

I would have expected you to understand, tiassa, being such a moral being, that on the off chance she does maintain some ability to suffer(no matter how unlikely) it's incredibly wreckless to be starving her to death.

Theorize for me, Doc, where and how she will suffer.

The case in her favor does not reach the heights of conspiracy theories, but bears many of the same markers. Paranoia, late accusations, speculative notions asserted as hard truths.

What I want is simply evidence.

Right now what we have is six court-appointed physicians finding a PVS, 33 affidavits by doctors hired by the Schindlers contesting PVS (only two of whom have examined the patient at all). We have Senator (Dr.) Frist offering medical diagnoses based on four minutes of videotape. We have a doctor hired by the state of Florida with the intention of stopping Mrs. Schiavo's death who apparently reviewed all the medical records in under 24 hours and pronounced Terri to not be in a PVS without having examined her.

Bring me that signal. We can detect the electrical signals that show pain and stress. That's the first thing the "Save Terri" crowd needs to do, and that's the one thing they haven't done.

And that's a start. Because as I understand it, the possibility that Mrs. Schiavo will suffer leading up to her death involves the communication of that suffering within the body in previously-undetected, unknown ways.

Because starving to death is so excessively extreme that if you did get it wrong it would be one hell of a tragic case. You'd cover your bases to make sure you're not starving a conscious being to death.

If the being is conscious, we should be able to determine that. Where's the signal? Contact? Contact?

People saying "maybe we shouldn't starve her to death" don't need to provide data, they're only suggesting we not torture someone to death. It wouldn't be a tragedy if we failed to torture a vegetable who couldn't feel it to death. No one's going to lose sleep over that.

"Murder", as several of the pro-lifers have it. "Torture" as you've expressed it.

Neither of these terms are supportable at this time.

I'm not a "pro-lifer", I'd gladly wack her on the head with a lead pipe right now.
This is about not slowly torturing a disabled person to death over a 2 week period.
What is so hard to understand about that?

Nothing. But you're rhetoric is dishonest. What's so hard to understand about that?

Establish that it's torture. What's that? You can't? I see.

Your argument seems to be, "meh, we're pretty sure she won't know whats going on, it's best we starve her to death", what?

Actually, Lou, the only reason anyone is unsure is because people like the Schindlers and yourself keep making unsubstantiated assertion. Substantiate. It's that simple. The Schindlers can file any lawsuit they want against anybody they want. They appear to be filing the wrong suits. They appear to be going about the whole thing wrongly.

While you're at it why don't you dangle cheeseburgers in front of her face? Drink water from the faucet in her room and say "mmmm mm! That's good, so refreshing!".

That would be rather pointless.

We also better spit on her and call her a fuckhead, because it's most likely that she won't even know.
She might, but we're pretty sure she won't, so we need to think up wierd ways to torture her

You know, I'm not going to get my green hat out and insist that people start backing up these accusations of murder and torture. After all, you have the right to make a complete ass of yourself.

But it would be much more useful to this discussion if you would either back it up or stuff the attitude problem.

I always thought I'd embrace the day the world tortures a human being on air over a 2 week period.
But there's something unsettling about all these sissies advocating it.

The whole thing is unsettling, Lou. In the meantime, there are two important notes to make:

I always thought I'd embrace the day the world tortures a human being on air over a 2 week period. Well, maybe you will. After all, we haven't gone that far, your unsubstantiated, insupportable accusations notwithstanding.

But there's something unsettling about all these sissies advocating it - Well, at least we know what's important to you. Focus, Lou.​

It's like I'm in the twilight zone. I feel obliged to provide the arguments they should be providing.

Do you mean the arguments in response to desperate irrelevancy? Go for it.

I mean, having received from Congress a judicial do-over, having seen due process thrown out, having been given a special privilege and a chance to make their case again, the Schindlers and their supporters failed to do so. Are they intentionally withholding evidence that would support their case? I doubt it. I can't think of a decent reason why they would.

All they had to do was establish the merits of their case. "Terri's Law" basically instructed the court in what to do from there. (Side note: a response to rbruma's assertion to the other is planned for sometime today.)

They failed to establish those merits.

• • •​

Some prior, but relevant comments of mine:

• Interestingly, it does not seem that Congress has ordered that Mrs. Schiavo's pain be monitored and recorded for future considerations ....

• This is where we need that pro-life expertise. Mr. Finn says such a death is painful as hell. Doctors say, "There is absolutely no indication that the body reacts to this with stress." Okay, what is it that the doctors are overlooking?

• If Mrs. Schiavo will recover, what are the signs of progress? If Mrs. Schiavo will feel pain, where and how will that signal be manifested? ... Show us that she will feel pain.

• If Mrs. Schiavo feels pain, we should be able to detect the electrical signal in her body and brain.

• If there is no nervous signal to detect, how is she perceiving pain?

• Certain evidence would prove mighty effective for those arguing to extend Mrs. Schiavo's life: evidence of recovery processes, evidence of pain. Evidence of mere perception would be a good start.

• What's absent from the discussion right now is evidence in support of the pro-life position ... For instance, the medical consensus says there is no evidence of pain. Hugh Finn, whose brother died amid a similar debate, says that's wrong, that such a death "hurts like hell". However, we haven't a scrap of evidence to support that assertion ... That's what I'm asking for. Anything to start.

• The politics of this issue make positions difficult to define. I, for instance, am furious at the procedural irregularities undertaken for superficial and unnecessary reasons. I am furious at the denial of any reverence or dignity of toward human life evident in the pro-life crowd. But all of that hinges on a few basic realities. Despite all their rhetoric, the "Save Terri" crowd has failed to provide anything to address those realities.

• For instance, all I'm asking is one piece of information: evidence of pain. Had that data been available and entered into argument, the judge most likely would have granted the TRO.

• We, who support Mrs. Schiavo's right to determination, who acknowledge the sanctity of the Schiavo marriage, and who respect such societal notions as due process (a guarantee) and equal protection (a guarantee), are waiting for the pro-lifers to come up with any piece of substantive evidence.

All we need is contact. All we need is a signal. And despite the rhetoric, despite the anguish of Mrs. Schiavo's parents and siblings, what the pro-life crowd has failed to provide is even that small bit of evidence that can give us a place to start.

• Florida Governor Bush has also announced that the state has hired a doctor who claims Mrs. Schiavo has been misdiagnosed .... Well now, isn't that convenient and expected? Nonetheless, if it's true, I'm sure it can be demonstrated. After all, that electrical signal in the brain ought to be available to us .... Even coming from a Republican who is a member of America's most dishonest family, we must pause to consider the possibility. Is Jeb just blowing smoke, or does he have something for us? Cough it up, cough it up.

• Fifteen years of cynicism? Nineteen judges' worth? How many doctors? And suddenly, that cynicism evaporates because we should think this one doctor, who has not examined the patient directly, has nailed it where everybody else has screwed the pooch?

• Somebody please, hand me some data on this woman's perceptive capabilities.

• There's lots of people telling us she's not far enough gone to do this. None of them have shown the case, though.​

On the off-chance that she does maintain some ability to suffer, theorize for me, Doc, please: how and where will that suffering manifest itself?

Should we retreat to the "unobservable soul"? Or is there a signal to be found?

As far as I understand it, there is no signal. And it seems that nobody arguing to preserve Mrs. Schiavo's life is either willing or capable of providing evidence in support of their assertions to the contrary. Is there a reason for this?
 
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tiassa said:
What I want is simply evidence.

The burden of "proof" should not be on the parents'. It's the husband who wants to change the status quo.

Tiassa, you keep eluding a significant point here that Lu and I are making. Why do you object to ending her life quickly instead of the method of starvation? Is it so that you can justify it to your conscience -- "we are removing her treatment. we are not killing her. She will die on her own" -- is this so you can sleep beter at night?
 
dsdsds said:

The burden of "proof" should not be on the parents'. It's the husband who wants to change the status quo.

Funny you should mention that.

See, until Congress got involved, that is exactly what had happened.

The burden of proof is met. That's why the White House says it's out of options, and why Congress attempted to subpoena Mrs. Schiavo, and also why Congress has assailed due process of law in order to give the family a full-blown second shot.

The burden of proof has already been met. Perhaps you missed that point.

It has been accommodated now for years.

Why do you object to ending her life quickly instead of the method of starvation?

I do not object personally to the concept:

However, I live in a society. "Society," Ds, remember that word? Societies have rules. They are cooperative endeavors that demand some sort of organization. Now, I don't always like the rules. In fact, some may have noticed accusing me of not liking very many of the rules would not be unreasonable. But they are rules. My acceptance of a certain brand of open defiance of the rules was actually wrecked by Republicans and conservatives whose essential purpose in the 1990s was to take anything good about this country and piss all over it. That editorial point aside, two words come to mind: "special rights". Not only has the same political core that decried civil rights as special rights turned around and awarded a special right to someone, but they've stripped another person of it.

Are the rules surrounding Mrs. Schiavo adequate? Flip a coin right now. Were the arguments in favor of her parents' position more solid, I'd go with a straight "no".

But they're the rules. I've spent my life railing against rules, and the one thing that has been consistently drilled into my head in response is that these are the rules.

And yes, I would like to see the rules allow for an alternative. And yes, at this time, I am dubious, even cynical, of Congress' ability to put together a wise and prudent package in the time remaining before Mrs. Schiavo expires. Furthermore, I'm not convinced that Congress should do that. I am as certain as I can be that the Florida legislature wouldn't even try.​

Ending her life quickly? Fine. But the last person to undertake that "humane" alternative for people went to prison. And Kevorkian did approach the line. This society isn't even ready to allow people to govern their own deaths. Indeed, I also recognize the fundamental dishonesty of American culture; we don't do anything purely because it's right. Once we get the hang of allowing people to govern their own deaths, I will be much more comfortable crossing the line to allowing a doctor to terminate the patient. In lieu of a reasonable process for that, however, the patient, even with explicit instructions to withdraw extraordinary means, deserves the chance to defy all odds and wake up on the elevens. Some say it's good to give morphine to patients as they die this way. Others say it prolongs the life and in delaying the inevitable creates a greater harm.

In a culture that teaches the benefits of adversity, it is not unreasonable to accept the proposition that removal of the feeding tube might cause the body to show signs of life. If we see that spark, find that signal, everything changes.

In the meantime, get a substantial argument, please.

Because as I have said before, in addressing this "significant point",

Tiassa said:
There's lots of people telling us she's not far enough gone to do this. None of them have shown the case, though.

Part of what that means is that Mrs. Schiavo's not going to notice that she's dying. She's not going to suffer.

We find it repugnant because it is an image of frailty and mortality. Her preservation would be for our sake, not hers.

So rather than eluding the point, I feel I've made my response perfectly clear: show me that she's feeling pain. Other than that, the difference between killing her immediately and letting her die is only significant if we think she'll magically wake up between now and then.

Lou made the point about eating a cheeseburger in front of her. Fine. Do it. Go for it. If it elicits a response, an important point is made. If not, it's no different than eating a cheeseburger in front of a bedside lamp, and the only fool you'll be making is yourself.

Aesthetics, Ds. You find her death repugnant. Yes, I find it a bit unsettling. She, however, hasn't noticed. Show me otherwise, and I can't think of an aspect of the debate that won't be affected by that development.
 
It's really hard to have sympathy for a dishonest cause

Due Process
After being given a second chance, Schindlers claim due process violations

CNN.com reports:

Schindler said the family's hopes lie with the 11th U.S. Circuit Court of Appeals in Atlanta, Georgia, which is hearing -- for the second time this week -- an appeal claiming Schiavo's due process rights have been violated.

CNN.com

According to the Florida Baptist Witness:

In federal district court in Tampa this morning a judge denied an order for an emergency injunction requesting Terri Schiavo’s feeding tube be reinserted immediately. Terri is in her eighth day without food or water at the Woodside Hospice in Pinellas Park.

U.S. District Judge James Whittemore in an 11-page order ruled that Schiavo's parents, Bob and Mary Schindler, “cannot establish a substantial likelihood of success on the merits'' of the case.

“A substantial likelihood of success on the merits requires a showing of only likely or probable, rather than certain success,” Whittemore wrote. In a 3-hour hearing yesterday, lawyers for the Schindlers and for Michael Schiavo, Terri’s husband and legal guardian, debated points not previously ruled on.

Those issues included discussion related to whether Terri’s rights had been violated under the Americans with Disabilities Act (ADA) and whether she has received due process rights related to the Fourteenth and Eighth Amendments to the Constitution.


FlordiaBaptistWitness.com

Over at MichNews.com, the "Most In-Depth, Conservative, Honest News & Commentary", two articles by Michael J. Gaynor rail against alleged violations of Mrs. Schiavo's right to due process.

The first runs under the headline, "For Terri Schiavo, Due Process Denied":

Due process is "a course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles."

The Bill of Rights was enacted to protect the people from abuse by government officials.

Including judges.


MichNews.com

The second goes by the title, "Terri Schiavo Case: Process? Yes. Due Process? No!!!" Apparently, the exclamation points give the article credibility.

The Terri Schiavo case has been processed and reprocessed.

No dispute about that.

Plenty of process.

But, process is NOT sufficient.

Concentration camp victims were processed too.

Arrested, transported, imprisoned, abused, gassed, cremated.

Their executions were crimes against humanity.

Not "lawful."

The Fourteenth Amendment states in pertinent part: "No State shall...deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law."

What does "due process of law" mean?


MichNews.com

• • •​

Let's work from there.

Due process is an important term in American law and justice. Vital. Central. Necessary.

Congress passed a law last week that suspended due process in order to create a new process. Due process for Terri Schiavo has been fulfilled. That's why the Florida legislature tried to intervene. That's why Congress has intervened. In claiming a new "due process" for Terri Schiavo, they have violated Michael Schiavo's due process, and spit all over Terri's.

Ironically, Mr. Gaynor asks of due process, "Does it mean that a federal district court judge who is supposed to conduct a de novo review can let a person starve and dehydrate to death BEFORE conducting the de novo review?"

What was that on the banner? "Honest News & Commentary"?

So much for that.

The court was instructed that upon the establishment of the merits of the case, it was to undertake certain measures. The de novo route, while it may instruct the court to consider the facts anew, cannot erase the facts on record. They haven't changed. The Schindlers and their attorneys have been unable to establish the merits of the case.

Without those merits, the courts' hands are tied, and they have ruled appropriately. Gaynor calls the case a "hideous example of an unchecked branch of government", and asserts "Judicial tyranny".

For all he has to say about the judges, he hasn't much to offer in regards to the merits of the case.

This is the challenge facing the "Save Terri" crowd: given a do-over, they have not done their part, and this is the result.

Now, backing up to the Florida Baptist Witness, we see that this morning the District Court ruled that the merits of the case do not establish a substantial likelihood of success. FBW notes that among the issues included in yesterday's arguments was whether or not Mrs. Schiavo's due process rights were violated in the context of the Fourteenth and Eighth (?!) Amendments.

Those merits were not successfully established.

Now, looking all the way up to the top again, CNN reports that the Schindlers, acting under their authorization to sue anybody for any reason as afforded by Congress and the President, are arguing before the 11th Circuit that Terri Schiavo's due process rights have been violated.

The irony is rather sickening, and answers the question of why today seemed so anticlimactic: I just hadn't penetrated the headlines deeply enough.

So I do see a hypocrisy here: Due process is being trampled.

No matter how many times the courts conclude that Terri Schiavo's due process rights have not been violated, the Schindlers can keep asserting it and requiring the court to go through the motions again.

Until last week, this was not due process. Let's be clear here: the Schindlers are now in possession of what conservatives have called a "special right". However, conservative politics generally considers the civil rights we all have to be a special right. Unlike protection against gender or ethnic discrimination, the right to sue the hell out of whomever you want as many times as you want is a special right.

It seems to me that due process has been arbitrarily suspended--after all, this isn't intended to set any precedent--in order to declare an arbitrary, new version due process.

Just because the merits don't compel the courts to honor Congress' intentions to cause a different outcome in the case doesn't mean Terri Schiavo's right to due process has been violated.

Rather, she has had extraordinary process on behalf of her life.

Ironically, there is a loose construction of logic by which there is a violation of Terri Schiavo's due process rights on the part of Congress and the Schindlers, but that's a very fine distinction and not one I'm willing to stand on, yet.

Nonetheless, this lamentation by the pro-life crowd that Mrs. Schiavo's right to due process has been violated is just a bit disturbing. Perhaps if the assertion found some substantive issues to focus on. Hell, I might throw in another one from Gaynor and the "honest" website he contributes to:

Pollers have asked who should decide whether Terri lives or dies: her husband, her parents, or the government.

Putting aside the behavior of spouses and parents, and assuming that both spouses and parents are unconflicted and acting in good faith and selflessly, I'd vote for the spouse to decide.

Under ordinary circumstances, a spouse should decide.

But, the Terri Schiavo case is hardly ordinary.

Terri collapsed under mysterious circumstances.

A bone scan showed that Terri suffered plenty of physical trauma.

The possibility of spousal abuse is obvious.

Michael Schiavo stood to inherit hundreds of thousands of dollars when he first asked for judicial permission to starve Terri to death.

Years after Terri's collapse and after he had collected $1,000,000 for Terri and himself and moved on to living with another woman and fathering children by her.

And there was compelling testimony that contradicted Michael Schiavo's belated and patently self-serving claim.

Let's poll THIS question?

Should a physically abusive non-Catholic spouse be permitted to starve his or her Catholic spouse to death, when Pope John Paul II himself has said that would be gravely wrong?


MichNews.com

If the "Save Terri" folks can't be honest, what's the point? Are they really so determined to either get their way or steal every last drop of human dignity from what has inappropriately become the nation's most desperately tawdry political affair?
_____________________

Notes:

CNN. "Schiavo parents get emergency hearing". CNN.com. March 25, 2005. http://www.cnn.com/2005/LAW/03/25/schiavo/index.html

Hannigan, Joni B. "Schiavo parents denied again in federal court". FloridaBaptistWitness.com. March 25, 2005. See http://www.floridabaptistwitness.com/4087.article

Gaynor, Michael J. "For Terri Schiavo, Due Process Denied". MichNews.com. March 15, 2005. See http://www.michnews.com/artman/publish/article_7263.shtml

-- "Terri Schiavo Case: Process? Yes. Due Process? No!!!" MichNews.com. March 24, 2005. See http://www.michnews.com/artman/publish/article_7420.shtml

-- "Why Michael Schiavo Has Great Public Support". MichNews.com. March 23, 2005. See http://www.michnews.com/artman/publish/article_7410.shtml
 
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Just as a further note on due process, I wish I had found this link for my prior post:

University of Miami Ethics Program. "Key Events in the Case of Terri Schiavo". See http://www.miami.edu/ethics2/schiavo/timeline.htm

Look at the process that occurs before we get to last week. Apparently, according to the Schindlers, those processes do not constitute due process.
 
hipocrisy:

Bush said something like that he rather would err on the side of life in the case of terry.

Why is he then in favour of the death penalty? It has been shown that regularly errors are made and innocent people are executed.

Why are these two matters different?
 
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