Mansfield Fox

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

Wednesday, March 23, 2005

Terri Schiavo & Disability Rights

Harriet McBryde Johnson lays out (in part) the disability rights case for not killing Terri Schiavo.
In addition to the rights all people enjoy, Ms. Schiavo has a statutory right under the Americans With Disabilities Act not to be treated differently because of her disability. Obviously, Florida law would not allow a husband to kill a nondisabled wife by starvation and dehydration; killing is not ordinarily considered a private family concern or a matter of choice. It is Ms. Schiavo's disability that makes her killing different in the eyes of the Florida courts. Because the state is overtly drawing lines based on disability, it has the burden under the ADA of justifying those lines.
I'm not sure what the legal standard is for justifying treating disabled/non-disabled people differently in a non-accomodation situation under the ADA, but surely it's not nothing.