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March 26, 2005
Of fruits and vegetables
The lawyers at Powerline have an interesting discussion of the Schiavo case, arguing that Michael Schiavo had $1.1M to spend at the trail court level gaining a determination of "fact" that Terry Schiavo wanted to die if she became a vegetable. In short, Michael Schiavo essentially out-lawyered the Schindlers at the trail court, and this became very tough to reverse. In general, it's a good point about the law: when the trail court decides something as fact, it's nearly impossible to overturn it.
The parents obviously had no idea what they were up against until it was too late. It was only after the trial that they started going around to religious and right-to-life groups to tell their story. These organizations were very supportive, but by that point their options were already limited because the trial judge had entered a judgment finding that Terri Schiavo would not have wanted to live.
On the specifics of the Schiavo case, however, I diverge with Powerline. Michael Schiavo is a bit of a fruit, living with another woman and even having kids with her. Even so, it's hard to make a case to anyone without their head buried in the Bible that a braindead person would want to live. (When my grandmother ended up in a similar situation in 1988, we said our goodbyes and made the compassionate choice before the law could get involved.) It's entirely possible, perhaps likely, that even with the best lawyers, the Schindlers would still have lost.
Unrelated matter: As I write this, I find another annoying commercial. This one is for Wm Wrigley Jr's Big Red chewing gum, showing a car getting lifted by an electromagnet. In the commercial, coins and a watch are attracted to the magnet. In fact, only ferrous (iron-based) metals are attacted to magnets, and US coins contain no ferrous metals. Watches are rarely made of ferrous metals, which rust. Typically they are nickel, silver, or other non-iron metals. In fact, both watches and coins will pass airport metal detectors, but not hand wands.
Posted by adrianjo at March 26, 2005 09:39 PM
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