Archive for March, 2005
Schiavo, Congress and the Constitution

Yesterday’s Federal Court Order that denied Terri Schiavo’s parents’ Petition for a Rehearing called “the Act” supposedly created to save Terri Schiavo unconstitutional. (my emphasis)

The Court declared that “In resolving the Schiavo controversy it is [their] judgment that, despite sincere and altruistic motivation, the legislative and executive branches of our government have acted in a manner demonstrably at odds with our Founding Fathers’ blueprint for the governance of a free people–our Constitution.”

The reasons cited for this judgment of unconstitutionality were as follows:
* Provisions of “the Act” constitute “legislative dictation of how a federal court should exercise its judicial functions,” which is a violation of the separation of powers principle;
* While an invalid part of an act (here, the unconstitutional portion) may be dropped leaving the remainder fully operative, this can’t happen where “the Act” will not function the way Congress intended, which is what the court determined.

Now, here’s my question. Wasn’t all this clear to Congress before they even attempted to pen this legislation? Or were they using the Schiavos and Schindlers in a horrifically insensitive game of political chess and hoping that “activist judges” would lead to a right wing checkmate?

The Democrat’s Vegetative State

Unless you have been completely engrossed in NCAA basketball, you are probably getting news-fatigue over Terri Schiavo.

Or, in my case, growing frustration over how the spineless Democrats (again) can’t seem to stand up to the Republicans over any issue.

The Republicans have made this a political case in a lame attempt to rally their base since they are loosing the fight on Social Security. As Rep. Tom Delay said when he visited the Family Research Council, God brought Terri Schiavo to the Republicans.

If this issue is really about the right-to-life, as Delay has said, then why did he vote to cut Medicaid by $15 billion, some of which would have directly effected some of the 30,000 people in the US that are on feeding tubes.

The Democrats, thinking they need to connect with “moral” values, are sitting on their hands, probably fearing the Republicans will paint them as murderers if they get involved.

Then something happened they did not expect. Polling data was released that showed 82% of American’s oppose the way Congress and the President has gotten involved, and 74% believe they did so only for political reasons.

Now Democrats are feeling some wind at their backs and are starting to speak out. Howard Dean, feeling good in his new role as DNC Chair, lambasted Sen. Frist for trying to make a medical diagnosis on Mrs. Schiavo from a slanted 2 minute video tape, even though Frist, a former doctor, has no medical background in neurological issues.

But if the Democrats play smart they can connect with “moral values” voters, the elderly (a double whammy with Social Security), NASCAR dads, and tip their hat to the liberal base all at the same time. But only if they play smart.

Let’s tick them off, one-by-one.

“Moral Values” Voters
Moral Values Voters, the so-called religious right, have a pet-peeve. They hate federalism almost as much as they hate Michael Moore. This is where the Republicans have unexpectedly lost ground. Even several significant conservative Republicans in Florida (where this all started) have backed off, citing their discomfort with governmental over-reaching. One Florida State Senator complained the party was trying to control life from the moment of conception to the moment a body is six feet under.

If the Democrats hit this from a federalism angle, they can erode support from the less-fanatical, more moderate right. And they can do so without needing to take any stance on whether or not Mrs. Schiavo should have the feeding tube re-inserted.

The Elderly
What is brilliant about this is they can sweep support from Bush, both George and Jeb.

Let’s face it (I’m sure the elderly have at some level), they are at the end of their life cycle. I would be that some retirees in Florida are wondering if they have a stroke, who gets to make the decision about their fate – their spouse or the Governor? After Democrats remind the large retiree population about the many wrong ways Republicans are trying to “fix” Social Security (their life bread), they can remind them the Republicans are now taking medical care decisions away from families and giving it to bureaucrats. Which is a natural lead in to…

NASCAR Dads
Yes, NASCAR Dads. For NASCAR Dads, this issue is about pride. Imagine with me… you work hard at your job all day long. Sometimes it’s thankless, but you do it because you like to provide for your family. You put food on the table for your wife and your kids. And when the weekend rolls around, you like nothing more to sit on your couch and cheer as “Junior” takes Steward on the outside.

Then tragically, something happens to your wife. You spent all your adult years working hard so your family could have a decent life. And as part of you taking care of the family, you make a medical decision that the Governor, and the religious groups that tell him what to do, don’t like. Say goodbye to trying to provide for you wife, while CNN parks a satellite news truck in front of your house.

Tipping the Hat to Your Liberal Base
Here is where the Democrats can change the issue and do it in a big way, while also being sympathetic.

Howard Dean should get on TV right now and say these words: “If the courts are going to allow family members to decide to stop treatment, or remove some sort of life-support, then what we should be talking about now is if starvation is an acceptable option.”

Without saying the specific words, any savvy Democrat could turn this into an issue of physician-assisted death.

Whether or not Mrs. Schiavo has the ability to feel pain in her condition, anyone can argue she is getting a death that is worse than a death row inmate convicted of raping children. Someone on death row gets injected with a narcotic to put them sleep, then another injection to stop the heart. No pain or suffering. Mrs. Schiavo could grow progressively weaker and thinner for two weeks before her heart finally stops beating.

Turning the discussion in this manner would get even those on the right to consider other medical options for ending life, while the liberal base will eat it up.

The Democrats have an opportunity to honestly take the lead on this issue and use it to gain momentum in other areas (judicial appointments, anyone?). Next stop, the 2006 mid-term elections, where the Republican majority could become history.

But it requires the Democrats to come out of their self-induced vegetative state.

Gaming to Go

While the new generation of home gaming consoles is still around the corner, the handheld war is upon us. The Sony Playstation Portable (PSP) goes on sale at midnight and despite its $249 price tag, speculation suggests the latest handheld to enter the fray will sell like steroid hotcakes at a baseball convention.

The Value of Life

I’m just wondering …

Is it the height of irony that had Terri Schiavo’s family sued for medical malpractice today that the reforms created by the right would have limited her award so much so that she would be indigent and unable to pay for the care that has kept her alive for so long in her persistent vegetative state?

Since the right supposedly loves life and claims to love marriage yet is simultaneously attempting to prevent Michael Schiavo from performing his spousal duties, how would they feel if he divorced Terri?

Is life valuable to those on the right only when it’s not yet born and/or the life of a person with enough money to pay for healthcare?

The Transferance of Normalcy

Have you ever watched “The Surreal Life” and wondered why no one seems normal? Even the guy who seems like someone I might actually know isn’t quite right. But then what is normal? If most people aspire to be like the images portrayed on television, do those images then become normal? For instance, if I try to keep up with the Joneses who are trying to be like characters in a movie, am I actually trying to be what I consider normal or am I mistakenly working to become the very thing that appears abnormal in my eyes but completely normative in the eyes of others?

Green Beer and Round Ball

This is the greatest weekend in sports. Bar none. Don’t try to argue. I’ve done the math on this. (Even without St. Patrick’s Day kicking off the madness of March, it would be the pinnacle of quality sports overload.) And don’t forget: a 12 always upsets a five, but a 13 rarely wins. Ball in!

How Many Have to Die before it’s Genocide?

Some 30 foreign United Nations staff in the west region of Darfur have withdrawn due to threats from the Janjaweed militia, who are accused of killing and raping villagers and driving two million people from their homes. Here’s hoping the president, who claims “Hotel Rwanda” is his favorite movie and that such a thing “wouldn’t occur on his watch,” is paying attention. Just a reminder: In the last 18 months, the UN estimates at least 180,000 people have died in Darfur of illness and malnutrition.

Green Paper with the Eagle

Robert Blake today proved what we learned from O.J. so long ago. When it comes to beating a murder rap, Puffy was right. It really is all about the Benjamins. (By the way, that headline comes from a line in the song. But if you were a down-ass, hardcore gangsta ballin’ fool like me, you’d already know that. Holla!)

Burnin’ Down the Planet

In case the Arctic Refuge disaster hasn’t given you enough information about the current administration’s environmental priorities, here’s an interesting list of accomplishments from the Natural Resources Defense Council.

How True

How true…

bush brat