Those “in love with death”, to quote Peggy Noonan’s accurate but damning phrase, finally have their wish: Terri Schiavo has finally succumbed after two weeks of being starved to death. While her vile husband’s really creepy attorney (who has written of having virtual seances with people who are dying) continues to blather on about how “peaceful” it all has been, anyone with a scintilla of common sense realizes that she has probably been in agony during the last two weeks. At least that state-ordered torture is over!
But the myriad questions this case raises will not go away once her body is laid to rest. In particular, there are tremendous issues that this case highlights about the incredible arrogance of the judiciary. I keep hearing the excuse that “court after court reviewed her case and agreed”….yada, yada, yada! The huge problem with this argument is that NOT ONE of the appeals courts ever reviewed the FACTS of the case. In this, they all deferred to the ONE judge who determined that her adulterous husband’s hearsay claim that “she didn’t want to live this way” was the be-all and end-all that could never be challenged. The appeals courts NEVER re-examined the 10 YEAR OLD diagnosis that she was in a Persistent Vegitative State, which has been questioned by numerous other qualified doctors…especially since an MRI was never performed (Michael Schiavo would not allow it!) Faulty reasoning and faulty application of the law was then upheld time after time by an arrogant judiciary bent on “protecting its turf.”
Thomas Jefferson warned about the tendency of the judicial branch towards tyranny because of lifetime appointments. The original intent of this provision was to prevent undue political influence so that judges would be free to properly apply the law and the Constitution. Unfortunately, we have reached the point 200 years later where this protection from undue political influence has come to mean a total lack of accountability so that judges can legislate their personal preferences from the bench and the people have absolutely no recourse. We have seen it over and over again from Roe v. Wade to the recent court imposition of “gay marriage” in Massachussetts. The courts have decided that they are going to be our masters and we had better learn to like it. I think it is way past time we rose up and said “We’re not going to take this anymore!”