As the world knows by now, Terri Schiavo died this morning, thus freeing her from the clutches and manipulations of both her parents and her husband and the minions who claim to be supporting each. There’s certainly no joy here and enough sorrow to go around.
My biggest hope at this time is that lawmakers everywhere will recognize a Terri’s Law moratorium to give them time to reflect on whether the law they champion to Make Sure This Doesn’t Happen Again doesn’t do more harm than good. Trying to prevent the unpreventable tragedy is the surest way to cause unintended consequences. Here are a few things we would be well-served to keep in mind:
- Federalism is a Good Thing. States sometimes make mistakes on decisions within their purview, but it is not Congress’ role to prevent every injustice or correct every injustice once it occurs.
- Each of us has a fundamental right to privacy that includes the right to decline medical treatment, even if it means those we leave behind have to say goodbye sooner than they might wish.
- State laws that attempt to determine what an incapacitated person would or would not consent to are, in the main, a good idea. You may disagree with the decision of Judge Greer, or prefer that a dispassioned advocate for Terri to have been involved, but the procedure itself does more good than harm.
- Obedience to a "culture of life" may or may not be a good thing, depending on the circumstances. Ultimately, it is the patient, not those left behind, that should decide whether life-prolonging treatment should be used.
