Now that Theresa Marie Schindler Schiavo is dead, I hope that an autopsy will establish that she truly was without the capacity to sense what was happening as she starved to death. It would add an intolerable fillip to this tragedy were we to learn that, like Our Lord on the Cross, she thirsted – and got not even vinegar and gall for relief.
There will now be a rush of post mortems on the political implications of Mrs. Schiavo’s death watch. I’ve never had much talent for predicting the future, so I won’t join in. Instead, I’d like to ponder what this controversy tells us about the present, in particular, about the attitudes and emotions of large segments of America’s political culture.
Everyone has noticed that intense emotion generated by the conflict over what to do with Mrs. Schiavo. Once her fate has dwindled from the headlines to mere history, a moiety of the emotionalism will, I think, be difficult to comprehend. The bare facts, not seriously disputed by anyone, are that 15 years ago she suffered brain damage that greatly reduced her faculties, that medical experts disagreed on her diagnosis and prognosis, that she required nourishment, but no other artificial support, to sustain life, that evidence about her own wishes is scanty (how many 26-year-olds give serious thought to the possibility of severe disability?), that her parents and siblings were willing to assume the responsibility of caring for her, and that her husband, now living with another woman, exerted his authority to deny them the right to do so. One can argue that, under those circumstances, the natal family and its supporters were unreasonable to advocate continued provision of food and water, that their hopes were illusory and that the husband’s hard-headed approach was the right one. But, can one rationally assert that only a religious fanatic could object to hastening death? In the spectrum of “right to die” cases, Terri Schiavo’s was far from the most compelling. I’ve never heard a secularist, discussing such matters in the abstract, call for the killing of human beings whom someone wanted and would care for, and whose existence was no inconvenience to anybody. Yet objections to killing Terri Schiavo were treated as expressions of irrational religiosity or, alternatively, as opportunistic pandering to fundamentalist nuts.
Similarly, Congressional action on behalf of Mrs. Schiavo drew outrage vastly disproportionate to what the lawmakers actually did. They enacted a statute granting federal courts jurisdiction to hear the Schindlers’ claims that the State of Florida was depriving their daughter of life without due process of law. Perhaps this intervention was unwise; it certainly turned out to be pointless, since federal judges, after cursory inquiry, refused to do anything. Still, unless one pines for the repeal of the Fourteenth Amendment and the reversal of Hunter v. Martin’s Lessee, anguished cries about how Congress was shredding federalism and adopting “Stalinist” tactics (the actual epithet hurled by the Los Angeles Times) are tantrums rather than arguments.
Not only have the Schindlers and their sympathizers been portrayed in many quarters as bullying zealots, but they are presumed to have worse in mind. Former economist Paul Krugman was only slightly more demented than the left-wing mainstream when he publicized his fear that “dangerous extremists [who] belong to the majority religion and the majority ethnic group, and wield great political influence”, may soon begin assassinating “liberal politicians, and even conservatives who aren’t sufficiently hard-line”.
Ranting like that, wholly detached from the causes that ostensibly prompt it, is a sign that influential elements of the Left no longer think rationally about what their opponents say and do. When Professor Krugman writes, “[U]nless moderates take a stand against the growing power of domestic extremists, it can happen here,” his words have manichaean undertones that might be suitable for Zimbabwe or Lebanon but not for any United States except one conjured by paranoid fantasy. If Congress and the Presidency are in the hands (or under the thumb) of “domestic extremists”, what are the “moderates” to do? Is electoral politics of any use against “those whose beliefs include contempt for democracy itself”? If not, what is? In their loathing for “extremists”, many left-wingers are moving, at least rhetorically, toward rather extreme positions themselves.
Will any significant number go beyond rhetoric? A Southern belle opined that the root cause of the Civil War was not any specific dispute between North and South but that “we hated the Yankees so much”. In the Schiavo case, we have hints that a similar hatred is percolating in the 21st Century. Let us hope that it leads to no similar catastrophe.
Less ominous, but likely to be the subject of considerably more chit-chat (especially among liberals who hope for fissures on the Right that will enable a minority Left to regain the power that it believes it deserves), are the disagreements that erupted, often heatedly, between conservatives and libertarians (two blurrily defined terms but convenient for the nonce). Very few libertarians expressed the opinion that the desire to keep Mrs. Schiavo alive was monstrous; many averred that such would have been their own decision, had the question been theirs to decide. They did not, however, approve of Congressional action to overturn a verdict reached by state courts after years of litigation, and for many of them that legislative overreaching was a matter of tremendous moment – “contempt for the Constitution and the different branches of government”, in the words of Glenn Reynolds. Isn’t that just a trifle hyperbolic? Congress did not presume to alter the substantive law of Florida in any respect, nor did it tell the courts how to decide the case; it gave the Schindlers a federal forum in which to assert whatever rights they had under the United States Constitution and federal law. That is far from an aberrant use of the federal judiciary.
On the other side of the Right there has been hyperbole, too. Professor Reynolds has good reason to be annoyed at being tarred with the poisonous anti-Christian ravings of certain other bloggers. His stance is not that Terri Schiavo ought to have been starved but that the good end of saving her life didn’t justify the bad means of violating the Constitutional order. I disagree with his opinion that the Constitution was maltreated in this instance, but I trust that almost all conservatives would see his point if the means had been less scrupulous about legal niceties, for instance, if President Bush had sent federal marshals to Pinellas Park to arrest Michael Schiavo and reinsert his wife’s feeding tube. As James Taranto points out, “[T]he ‘religious right’, for better or worse, has supplanted the liberal left as the political faction that most strongly and consistently advocates compassion in social policy.” Compassion is a worthy quality, but it is not the only worthy quality. A government of laws makes mistakes; experience shows that a government of compassionate men makes worse ones.
The preceding observations do not, of course, apply to every liberal, every libertarian or every conservative. Some very leftish liberals readily aligned themselves with the Christian Right in Mrs. Schiavo’s behalf, as did a fairly large number of libertarians. Meanwhile, a few impeccable conservatives of religious bent glumly concluded that intervention would be futile. On all sides, there were civil disputants, and the troubling patterns of thought and rhetoric noted above were far from universal. Nonetheless, a dram of eale is at work in the body politic, and we must be sedulous that it not make “all the noble substance of a doubt”.
Related Posts: Strange Spirits
Civil Obedience
Fake-But-Accurate and the Schiavo Case
Schiavo Quotes of the Day
Terri Schiavo’s Golgotha
You Don’t Have to Be Pro-Life to Love Terri Schiavo
“Vegetables” Who Think