A Cautious Man
March 24, 2005
The Same Old Played Out Scenes
Just to be repetitious -

I said the other day that I was not sure that a "living will" would have helped in the Schiavo situation, since there are people who cannot accept that her condition is permanent. This feeling is reinforced by the report I mentioned the other day, by the Guardian ad Litem appointed by Governor Jeb Bush, at page 14:
Testimony provided by members of the Schindler family included very personal statements about their desire and intention to ensure that Theresa remain alive. Throughout the course of the litigation, deposition and trial testimony by members of the Schindler family voiced the disturbing belief that they would keep Theresa alive at any and all costs. Nearly gruesome examples were given, eliciting agreement by family members that in the event Theresa should contract diabetes and subsequent gangrene in each of her limbs, they would agree to amputate each limb, and would then, were she to be diagnosed with heart disease, perform open heart surgery. There was additional, difficult testimony that appeared to establish that despite the sad and undesirable condition of Theresa, the parents still derived joy from having her alive, even if Theresa might not be at all aware of her environment given the persistent vegetative state. Within the testimony, as part of the hypotheticals presented, Schindler family members stated that even if Theresa had told them of her intention to have artificial nutrition withdrawn, they would not do it. Throughout this painful and difficult trial, the family acknowledged that Theresa was in a diagnosed persistent vegetative state.
(Emphasis added) Again, the entire report is at this link (courtesy of Abstract Appeal).

And, apparently Governor Jeb Bush is claiming to have "new evidence" to support having the State of Florida take Ms. Schiavo under its care and custody. Again, it bears noting the aforementioned report from the Governor's own appointee, which states the following at page 18:
By mid 2003, the landscape and texture of Theresa Schiavo’s case underwent profound changes. National media coverage, active involvement by groups advocating right to life, and the attention of the Governor’s office and the Florida Legislature, catapulted Theresa’s case into a different dimension.

The Schindlers, acting on behalf of Theresa, filed a motion in federal district court seeking a preliminary injunction to stay the removal of the artificial life support from Theresa, scheduled to occur on 15 October 2003. On 6 October 2003, Florida Governor Jeb Bush filed an Amicus brief in support of the motion for a preliminary injunction. The brief argues that removal of artificial nutrition, resulting in death, should be avoided if that person can take oral nutrition and hydration. The Governor predicates his memorandum on the pivotal question as to whether Theresa could ingest food and water on her own. That Theresa is in a diagnosed, persistent vegetative state is explicitly recognized.
(Emphasis added) Does it seem that the greater the media attention, the more people like the Governor "forget" what they knew, said, and did before?



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