X-Message-Number: 24573
Date: Tue, 31 Aug 2004 11:09:54 -0700
From: James Swayze <>
Subject: Now this is a conundrum

Friends and colleagues,

I'm pasting the entire article here below as well as providing the lnik 
to the original here:



http://www.comcast.net/News/HEALTHWELLNESS//XML/1500_Health__medical/52a2f125-80d7-4517-b704-6d8481a636f2.html

My comments:

This is quite interesting. On the one hand I side with those wishing not 
to be kept alive while in a persistive vegetative state and hold for the 
rights of all not just the disabled to choose their own time of ending 
or not ending life. No government should have the final say, except to 
protect those rights and make certain no one is abusing those rights 
either in forcing someone unable to speak for themselves to either live 
longer than they would have wished or die prematurely. However, Jeb Bush 
may have bitten off more than he expected unless he is a closet 
Immortalist. His words may have trapped him in a positive position 
towards encouraging anti aging research and the right to take measures 
to extend one's life. Of course I am making a bit of an assumption here 
that he would follow his brother's and family's fundamentalist Christian 
motives to limit "monkeying with Gawd's will". Note below the quotes of 
his I have highlighted by placing *** before and after. They are quite 
interesting when taken in context of coming technologies to extend human 
life and health span. Or has he really considered extended health span? 
On the other hand for cryonicists wishing to have the right to deanimate 
before a brain malady can do identity robbing damage, Jeb Bush's 
"Terri's Law" passed in Florida and under dispute, could cause some 
difficulties if expanded upon to further limit the right to euthanasia 
being fought for around the country.

[Begin article]
Case of Brain-Damaged Woman Heads to Court

4 hours ago   
By JACKIE HALLIFAX, Associated Press Writer

[picture caption] Terri Schiavo's brother Bobby Schindler speaks at a 
news conference ...More...

TALLAHASSEE, Fla. - Six days after Terri Schiavo's feeding tube was 
removed at the request of her husband, a hospital began again pumping 
fluids into the brain-damaged woman on orders from Gov. Jeb Bush. Both 
men have remained rivals in one of the nation's longest and most bitter 
right-to-die battles, a struggle that has embroiled all branches of 
state government and is now in the Florida Supreme Court.

The question before the court is whether the law Bush signed in October 
to keep the 40-year-old Schiavo alive violates her constitutional right 
to privacy and the separation of government powers.

While lawyers for Schiavo's husband, Michael, and Bush battle in court, 
Terri Schiavo herself will be some 200 miles away in a nursing home in 
Clearwater. The court's decision could ultimately determine whether she 
lives or dies.

This is the first time Florida's Supreme Court has agreed to take up any 
aspect of the 14-year-old case. The court has no deadline for issuing 
its decision.

Terri Schiavo suffered brain damage in 1990 when her heart stopped 
beating, a condition brought on by an eating disorder. She left no 
written instructions in the event she became incapacitated.

Schiavo can breathe on her own but relies on a feeding tube to live. 
Some medical experts have declared she is in a persistent vegetative 
state with no hope of recovery.

Her husband has argued that she would not want to be kept alive in this 
way. But her parents, Bob and Mary Schindler, have disputed that and 
argued that she could someday regain some of her faculties.

A judge ruled that there was clear and convincing evidence that Schiavo 
would not have wanted to be kept alive artificially, and last October, 
Michael Schiavo withdrew the feeding tube.

But in a remarkable week of emotion and political activism by her 
parents' supporters, Bush pushed "Terri's Law" through the Legislature 
and forced the reinsertion of the tube. The law was narrowly drafted to 
give the governor authority to issue such an order.

Later, Circuit Judge W. Douglas Baird ruled the law wrongly allowed Bush 
to intervene in a matter of personal privacy and was improperly used by 
the governor to override a court decision with which he did not agree. 
The tube is in place in the meantime.

On Tuesday, her husband's lawyers were being given 20 minutes to argue 
his claim that Bush had no right to invade her privacy by countermanding 
her wishes that she not be kept alive by artificial means. Lawyers for 
Bush will get the same amount of time to argue that the governor did the 
right thing by using a law to reverse Michael Schiavo's orders.

National groups have lined up on each side. Opponents of the law include 
the American Civil Liberties Union, the Academy of Florida Elder Law 
Attorneys, and Autonomy Inc., a group that supports the decision-making 
rights of the disabled.

"Their point is disabled people as well as other people also have a 
right to privacy and also have a right to make their own medical 
treatment decisions and just because you're disabled doesn't mean that 
they're second-class citizens whose medical treatment decisions can be 
disregarded," said George Felos, Michael Schiavo's attorney.

In addition, Felos said the law violates the separation of powers 
because Bush used it to circumvent a properly issued court ruling 
reached after more than six years of litigation, scores of hearings and 
an appeals court review.

Representatives of seven groups backing Bush, including an organization 
called Not Dead Yet, attended a Monday press conference in Tallahassee 
to lay out their position.

The Illinois-based group opposes "the growing threat of legalized 
euthanasia against disabled people, old and young, especially the 
intellectually disabled," said its president, Diane Coleman.

Bush has said he thinks the case may help spark a national debate about 
the ethics of sustaining life.

***
"These issues are going to be more and more important as technologies 
change to be able to sustain life as well as in general, just with the 
aging of our population," Bush said Friday.
***

Terri Schiavo's younger brother, Bobby Schindler, attended Monday's 
press conference and argued that his sister appears to laugh and to 
react to her surroundings.

"I know she sees and hears us," he told reporters. "I see her response. 
It is not wishful thinking. Terri isn't brain-dead. She's disabled."
[end]


My comment:

This fight is characterized by the extremists that have come out on both 
sides. However, I tend to find more extreme certain members of the 
"Pro-Life" crowd which are in fact actually just extremist anti 
abortionists applying their standard only as a means to an end to 
support their anti abortion agenda not for the their purported support 
for rights of the disabled but their religious misguided or warped sense 
of what to meddle in.... ie. everyone else's business but their own. 
Some of these will use any tactic especially lying and slanted 
propaganda to push their will on others. In the Schiavo case they have 
accused the husband of murder and abuse and even implied premeditation 
because of an alleged affair predating Terri's illness. The official 
record forher illness and cause for the brain damage is quite different. 
These particular Pro-Lifers are anything but Pro Life. They sure don't 
want people dying of a multitude of diseases or trapped in paralysis or 
brain disorders cured through Somatic Cell Nuclear Transfer. A 
technology we may need as a step on the way to aging rejuvination.

James

-- 

Membership in order of joining --- all comments on any subject are soley my 
opinion only and not reflective of the official positions of the following:
Cryonics Institute of Michigan	http://www.cryonics.org
The Immortalist Society		http://www.cryonics.org/info.html
The Society for Venturism	http://www.venturist.org
Immortality Institute		http://www.imminst.org
Methuselah Foundation		http://www.methuselahfoundation.org
Methuselah Mouse Prize		http://www.methuselahmouse.org
[Give $$$ for life!]
World Transhumanist Assoc.	http://www.transhumanism.org/

MY WEBSITE: http://www.davidpascal.com/swayze/

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