"On March 14, Sun, a 6-month-old baby with a fatal form of dwarfism,
was allowed to die in a Texas hospital over his mother Wanda's
objections. Under a 1999 law signed by Bush, who was then governor,
cost-conscious hospitals are empowered to decide when care is
"futile." The Hudson case is the first time ever that a court has
allowed bean counters to override the wishes of parents. Wanda
apparently was not "cable ready," as they say in the television world,
and she failed to get Randall Terry and the radical anti-abortionists
on her side. Tom DeLay never called."

"The same conservatives who have spent the last generation attacking
"judicial activism" and federal intrusion in state jurisdictions were
suddenly advocating what they had so long abhorred."

"In a complex world, consistency is usually asking too much. (Seeing
Democrats talk about "states' rights" last week was also a little
rich.) But if you're going to accuse Michael Schiavo and the judiciary
of murder (right-wing blogs and talk radio) or commit virtual
malpractice by "examining" a patient long distance via outdated and
heavily edited video (Senate Majority Leader Bill Frist) or advocate
breaking the law by sending in state troopers to reattach the feeding
tube (Pat Buchanan and William Bennett), you'd better be willing to
look in the mirror."

//repost of 52522 which was garbled by Yahoo posting software//

http://www.msnbc.msn.com/id/7305206/site/newsweek/

Take a Look in the Mirror

The pols confused law with theology and allowed tabloidism to trump
privacy.

By Jonathan Alter
Senior Editor and Columnist
Newsweek

April 4 issue - When he was governor of Texas, George W. Bush presided
over 152 executions, more than took place in the rest of the country
combined. In at least a few of these cases, reasonable doubts about
the guilt of the condemned were raised. But Bush cut his personal
review time for each case from a half hour to a mere 15 minutes (most
other governors spend many hours reviewing each capital case to assure
themselves that there's no doubt of guilt). His explanation was that
he trusted the courts to sort through the life-and-death complexities.
That's right: the courts.

I bring up that story because it's just one of several ironies that
have arisen in connection with the Terri Schiavo saga, in which the
president said that the government "ought to err on the side of life."
Fine, but whose life? The inmate who might not be guilty? The poor
people across the country denied organ transplants (and thus life)
because Medicaid=97increasingly under the Bush budget knife=97won't cover
them? The poor people across the world starving to death because we
won't go along with Tony Blair when it comes to addressing global poverty?

Or how about Sun Hudson? On March 14, Sun, a 6-month-old baby with a
fatal form of dwarfism, was allowed to die in a Texas hospital over
his mother Wanda's objections. Under a 1999 law signed by Bush, who
was then governor, cost-conscious hospitals are empowered to decide
when care is "futile." The Hudson case is the first time ever that a
court has allowed bean counters to override the wishes of parents.
"They gave up in six months," Wanda Hudson told the Houston Chronicle.
"They made a terrible mistake." Wanda apparently was not "cable
ready," as they say in the television world, and she failed to get
Randall Terry and the radical anti-abortionists on her side. Tom DeLay
never called.

Could there be=97perish the thought=97politics at work here? Knowing that
they cannot deliver on a gay-rights amendment or abortion ban, Karl
Rove & Co. settled on bonding to the base with the Schiavo case. The
beauty part, as Ross Perot used to say, was that they could be cynical
and sincere at the same time, even if it meant twisting themselves
into ideological pretzels. The same conservatives who have spent the
last generation attacking "judicial activism" and federal intrusion in
state jurisdictions were suddenly advocating what they had so long
abhorred.

They argue they had a moral duty to intervene. If Terri had been on a
respirator, like Sun Hudson, there would have been no issue, they
claim. But a feeding tube is different. Says who? Says the pope, for
one. Of course the pope also says that the war in Iraq is wrong, the
death penalty is wrong and the West has been too stingy in sharing its
wealth. So never mind the pope.

In a complex world, consistency is usually asking too much. (Seeing
Democrats talk about "states' rights" last week was also a little
rich.) But if you're going to accuse Michael Schiavo and the judiciary
of murder (right-wing blogs and talk radio) or commit virtual
malpractice by "examining" a patient long distance via outdated and
heavily edited video (Senate Majority Leader Bill Frist) or advocate
breaking the law by sending in state troopers to reattach the feeding
tube (Pat Buchanan and William Bennett), you'd better be willing to
look in the mirror.

As a father myself, I can sympathize with Terri's frenzied parents.
There must be nothing harder in the world than watching a child die.
And I still don't understand why Michael Schiavo didn't turn over
custody and get a divorce. He says he's trying to carry out his wife's
wishes and at the same time preserve her dignity. But the endless
litigation and public spectacle have hardly achieved that goal.

The right wing should be ashamed of the way it has treated this man,
who spent the first seven years after Terri's collapse doing
everything imaginable to save her=97even training as a nurse. For
instance, Fox and CNN gave air time and credibility to one Carla Iyer,
who accused Michael of shouting "When is the bitch going to die?" and
claimed hospital authorities doctored her nursing charts=97preposterous
charges with no substantiation.

When this excruciating circus leaves town, the only sensible
conclusion is a morally and constitutionally nuanced one. It should be
possible to argue both that Terri Schiavo's case didn't belong in
court=97and that the courts are the only place to resolve such wrenching
disputes when families cannot. That custody laws should contain a
little more flexibility where the wishes of the patient are
unclear=97and that the president and Congress did real damage to their
own principles by sticking their nose in this mess. They replaced
reason with emotion, confused law with theology and allowed politics
and tabloidism to trump the privacy this agonizing family tragedy
deserved.

URL: http://www.msnbc.msn.com/id/7305206/site/newsweek/








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