Monday, March 21, 2005

007

Kleiman:

Nonetheless, if the distinction among the cases is so fine-grained, it's hard to credit the sincerity of people who throw around terms such as "murder" and "Dachau" when talking about Schiavo but make no objection to the Texas law, especially since the Texas law specifically lists "artificial nutrition and hydration" as among the services that can be discontinued.

Moreover, the law allows for (even if in the Hudson and and Nikolouzos cases it did not actually involve) the termination of life-sustaining treatment for patients with "irreversible" conditions (i.e., conditions from which they will not recover and which leave them unable to care for themselves) even if their higher brain functions are completely normal. Indeed, the law contemplates that a fully competent patient may be served by his health-care provider with a 10-day notice to find another provider or have his plug pulled; it even provides that the patient has the right to attend the committee meeting at which his fate is to be decided. (Sec. 166.046) And the law provides no substantive guidance other than the provider's decision that the requested life-sustaining care would be "inappropriate."

So, if I read the Texas law correctly, it would allow for Terri Schiavo's feedling tube to be disconnected if her health care provider so decided, and if her family couldn't find another provider willing to take the case, even if her higher brain functions were entirely normal (rather than, as appears to be the case, entirely absent), even if she were awake and asking to be allowed to live.

So, I repeat, where's the outrage? If you think Terri Schiavo is being murdered, you think that George W. Bush signed a bill allowing murder in 1999, and that bill is still on the books. Perhaps Mr. Bush flew to the wrong capital on Sunday; some people in Austin seem to need instruction about the "presumption in favor of life."