3.24.2005
A Blow to the Rule of Law (NYTimes.com)
EDITORIAL
Published: March 22, 2005
If you are in a "persistent vegetative state" and there is a dispute about whether to keep you alive, your case will probably go no further than state court - unless you are Terri Schiavo. President Bush signed legislation yesterday giving Ms. Schiavo's parents a personal right to sue in federal court. The new law tramples on the principle that this is "a nation of laws, not of men," and it guts the power of the states. When the commotion over this one tragic woman is over, Congress and the president will have done real damage to the founders' careful plan for American democracy.
Ms. Schiavo's case presents heart-wrenching human issues, and difficult legal ones. But the Florida courts, after careful deliberation, ruled that she would not want to be kept alive by artificial means in her current state, and ordered her feeding tube removed. Ms. Schiavo's parents, who wanted the tube to remain, hoped to get the Florida Legislature to intervene, but it did not do so.
That should have settled the matter. But supporters of Ms. Schiavo's parents, particularly members of the religious right, leaned heavily on Congress and the White House to step in. They did so yesterday with the new law, which gives "any parent of Theresa Marie Schiavo" standing to sue in federal court to keep her alive.
This narrow focus is offensive.
(More ... The New York Times > Opinion > Editorial: A Blow to the Rule of Law ¶ 08:09
Published: March 22, 2005
If you are in a "persistent vegetative state" and there is a dispute about whether to keep you alive, your case will probably go no further than state court - unless you are Terri Schiavo. President Bush signed legislation yesterday giving Ms. Schiavo's parents a personal right to sue in federal court. The new law tramples on the principle that this is "a nation of laws, not of men," and it guts the power of the states. When the commotion over this one tragic woman is over, Congress and the president will have done real damage to the founders' careful plan for American democracy.
Ms. Schiavo's case presents heart-wrenching human issues, and difficult legal ones. But the Florida courts, after careful deliberation, ruled that she would not want to be kept alive by artificial means in her current state, and ordered her feeding tube removed. Ms. Schiavo's parents, who wanted the tube to remain, hoped to get the Florida Legislature to intervene, but it did not do so.
That should have settled the matter. But supporters of Ms. Schiavo's parents, particularly members of the religious right, leaned heavily on Congress and the White House to step in. They did so yesterday with the new law, which gives "any parent of Theresa Marie Schiavo" standing to sue in federal court to keep her alive.
This narrow focus is offensive.
(More ... The New York Times > Opinion > Editorial: A Blow to the Rule of Law ¶ 08:09
