Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Sunday, March 20, 2005

From the "A Watched Pot Never Boils" File

So yesterday I basically just gave up. I figured that there was nothing practical I could do to help Terri Schiavo, and that thinking about it all the time was making me tired and ill. I decided to disconnect myself from the world, from the awful, sickening world, and played video games for a couple hours.

While I was away, Congress reached a deal that might save Terri's life.

I suppose I should emphasize might, because there's no guarantee. As I understand it, the bill just allows for an appeal to federal court to determine whether or not her Constitutional due process rights have been violated. (Read the compromise legislation here.) The federal court that hears the case may determine that her Constitutional rights weren't violated. The law might be thrown out as an unconstitutional bill of attainder. (Indeed, it probably is a bill of attainder - I much prefer the original, generally phrased bill.) The real, permanent solution is the bill to change Florida law to establish a strong presumption in favor of nutrition and hydration unless
(3) There is clear and convincing evidence that the incompetent person, when competent, gave express and informed consent to withdrawing or withholding nutrition or hydration in the applicable circumstances.
That's a permanent solution to the problem, one that will, almost certainly, result in Terri continuing to receive food and water.

I've been following this story for too long to express any meaningful happiness at this development - I can't shake the feeling that this is just a brief ray of hope before much darker and more sinister news develops. But perhaps not; I'm certainly open to the possibility.

Meanwhile, to the best of my knowledge, Terri's feeding tube still has not been reinserted, and she's therefore still starving to death.