A major factor that played into the courts decision was not having government interfere with medical treatment. I will rerun this post I wrote on my old blog. This post isn't about Roe. But I feel it exemplfies conservative interferance with the personal medical decisions.
Terri Schiavo and the Republican Culture of Death
Congress passed the Palm Sunday Compromise Bill. President Bush signed the bill at 1:11 a.m. What this does is effectively moved the Terri Schiavo case from the Florida courts to Federal courts. Bush and Congress made a similar move with tort reform.
President Bush said, "I will continue to stand on the side of those defending life for all Americans, including those with disabilities." Tom Delay has called the removal of Terri's feeding tube "medical terrorism." Those sound like brave words, from two fellow Texans, to the ears of the Religious Right. The problem is that patients in the heart of Texas are taken off life support regularly.
Mark Kleiman did some Googling and found that a six-month-old boy named Sun Hudson was taken off his breathing tube against his mother's wishes. The boy died in his mother's arms. Judge William C. McCulloch made the decision. It's the first time that I know that the courts ended care to a child against the parent's wishes. McCulloch based his ruling on the Texas Futile Care Law that was signed into law by Governor George W. Bush in 1999. The law allows Texas to discontinue care of if people can not pay (read: poor) the health care costs.
DIRECTIVE
I, __________, recognize that the best health care is based
upon a partnership of trust and communication with my physician. My
physician and I will make health care decisions together as long as
I am of sound mind and able to make my wishes known. If there comes
a time that I am unable to make medical decisions about myself
because of illness or injury, I direct that the following treatment
preferences be honored:
If, in the judgment of my physician, I am suffering with a
terminal condition from which I am expected to die within six
months, even with available life-sustaining treatment provided in
accordance with prevailing standards of medical care:__________ I request that all treatments other than
those needed to keep me comfortable be
discontinued or withheld and my
physician allow me to die as gently as
possible; OR
__________ I request that I be kept alive in this
terminal condition using available
life-sustaining treatment. (THIS
SELECTION DOES NOT APPLY TO HOSPICE
CARE.)
If, in the judgment of my physician, I am suffering with an
irreversible condition so that I cannot care for myself or make
decisions for myself and am expected to die without life-sustaining
treatment provided in accordance with prevailing standards of care:__________ I request that all treatments other than
those needed to keep me comfortable be
discontinued or withheld and my
physician allow me to die as gently as
possible; OR
__________ I request that I be kept alive in this
irreversible condition using available
life-sustaining treatment. (THIS
SELECTION DOES NOT APPLY TO HOSPICE
CARE.)
Hat tip to Sue Bob.
Next time you hear Bush talk about the "culture of life" think about the Texas Futile Care Law.
Other bloggers the subject.
Matt Yglesias:
It seems worth noting at this point that the overwhelming majority of the Republican caucus voted last week to cut Medicaid benefits. Like the cowards that they are, no specific cuts were on the table, rather they wanted to force Governors to undertake unspecified cuts. We do know, however, what Medicaid spends the bulk of its money on -- long-term care for ailing elderly and disabled people -- so we know what would have been cut. Nor do the handful of Republicans whose defections blocked the cuts in the Senate deserve one iota of credit. They, too, voted for the steep tax cuts that will make Medicaid cuts necessary. And of course the sort of situations under discussion here are the direct result of a law that George W. Bush himself signed.
Mimikatz
As has been observed, Terri Schiavo has been kept alive through the proceeds of a medical malpractice suit that was filed after she became in a persistent vegetative state. It is my understanding that the money has about run out. The same Republicans screaming about keeping her alive want to stop malpractice suits, or at least cap the very damages that are keeping her alive. They also want to cut funds for Medicaid, what would keep her alive when the money runs out.
Oliver Willis,Victoria Ellen,David Scott Anderson,Taz, and Majikthise, have good posts on the subject. And take a wild guess who pussies out of providing an opinion?
Update: Abstract Appeal is providing a lot of legal background on the Schiavo case. Along with a timeline.
Update: Florida Politcs is correct in inserting the real motivation for the Republicans.
The Washington Post published a memo it said had been circulated to GOP senators. ''This is an important moral issue and the pro-life base will be excited that the Senate is debating this important,'' the memo reportedly said.
It appeared to target Sen. Bill Nelson, Florida's top Democrat, saying, ``This is a great political issue because Senator Nelson of Florida has already refused to become a cosponsor and this is a tough issue for Democrats.''
A final note on this issue. I feel that Terri Schiavo's husband and parents feel they are doing the right thing. I don't blame them for the circus this case has become. I do blame politicians, the religious right and the media for presenting coverage that doesn't explore the ramifications of how this could change laws covering euthanasia that have been fought for tooth and nail. Shame on the media for showing a lack of guts. This is coming from someone who thinks most of the MSM rants in the blogosphere are bullshit.
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