Sunday, March 27, 2005

Steyn on Life

Mark Steyn sums it up brilliantly, sounding more angrily sober than his usually impshly gleeful self:
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.
Later,
Michael Schiavo took a vow to be faithful in sickness and in health, forsaking all others till death do them part. He's forsaken his wife and been unfaithful to her: She is, de facto, his ex-wife, yet, de jure, he appears to have the right to order her execution. This is preposterous. Suppose his current common-law partner were to fall victim to a disabling accident. Would he also be able to have her terminated? Can he exercise his spousal rights polygamously? The legal deference to Mr. Schiavo's position, to his rights overriding her parents', is at odds with reality.
Concluding,
As to arguments about ''Congressional overreaching'' and ''states' rights,'' which is more likely? That Congress will use this precedent to pass bills keeping you -- yes, you, Joe Schmoe of 37 Elm Street -- alive till your 118th birthday. Or that the various third parties who intrude between patient and doctor in the American system -- next of kin, HMOs, insurers -- will see the Schiavo case as an important benchmark in what's already a drift toward a culture of convenience euthanasia.
And that's the real kicker: it will be decided by third parties, with an economic incentive to see you die.

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