Conservatives and libertarians are noted for championing states’
rights. However, the Terri Schiavo case in Florida has exposed
deep-seated hypocrisy on the political right and illustrated how
right-wingers from President Bush to his brother, Florida Gov. Jeb
Bush, will do almost anything for political gain. Republican
Congressman Christopher Shays of Connecticut puts it best: “My party is
demonstrating that they are for states’ rights unless they don’t like
what states are doing.” Conservatives have long complained of
unwanted federal intervention and the purported abuse of individual
rights. Now, the outsiders have become insiders, with Republicans
controlling every branch of the government – executive, legislative and
judicial. Instead of letting Florida handle what is essentially a state
matter, President Bush and Congress interrupted their Easter recess to
grandstand about “the right to life.” At 1:11 A.M. on March 21, Bush
signed special legislation into law transferring the Schiavo case from
state to federal jurisdiction. This is a bunch that can’t pass a
budget on time, yet they acted with extraordinary speed on an issue
that more than 20 judges had reviewed and found that Schiavo’s husband,
Michael, had acted legally when he decided that after 15 years, the
feeding tube that preserved his wife in a vegetative state should now
be removed. Only three Senators, acting for the entire body,
authorized the federal courts to take over the Schiavo case. Invoking
unanimous consent rules, they were able to quickly pass legislation
without debate that would allow Schiavo’s parents, who opposed removing
the feeding tube, to again present their case in federal court. The
House passed the measure 203-58. When the parents returned to
federal court, they were again rebuffed. The parents appealed to the
U.S. Supreme Court, which declined to hear the case. With no prospect
of winning, they eventually gave up their fight. The case of
Terri Schiavo was tragic enough without the demagoguery of President
Bush and the Congress. She suffered severe brain damage as a result of
a heart attack 15 years ago and her husband, Michael, said his wife did
not want to be kept alive by artificial means. Though initially united
in their effort to seek medical help for Terri, the parents and the
husband have since gone separate ways, with the parents lobbying to
keep their daughter on the feeding tube and her husband opposed, saying
she has become a vegetable, with no prospect of a reversal. Into
that fray, stepped Gov. Jeb Bush, who pushed a bill through the Florida
legislature in 2003 that gave him the right to order reinsertion of the
feeding tube. However, the Florida Supreme Court overruled the governor. This
is not the first time “states’ rights” proponents have forsaken their
core beliefs for political expediency. In 2002, Republican officials
successfully urged the U.S. Supreme Court to overturn a Florida court
ruling that ordered a recount in the presidential election between
George Bush and Al Gore. The National Association of State Public
Interest Research Groups issued a report last summer titled, “Tying the
Hands of the States: The Impact of Federal Preemption on State
Problem-Solvers.” It concluded, “Over the last three decades, states
have become increasingly active in passing strong state laws to protect
the health, safety and well-being of their residents.” However,
the report continued, “The federal government has increasingly
responded to state-level problem solving with its own powerful
political tool – preempting the right of state governments to legislate
on a given issue and establishing federal law as the ceiling.” The
Schiavo case is yet another example of federal officials trying to
preempt local judges. They showboat about preserving life yet have
recommended cuts in Medicaid, the very program that has sustained
Schiavo this long. The activity around Schiavo also exposed the
inconsistency of those who oppose a woman’s choice to have an abortion.
George Bush is Exhibit A. He now claims to be concerned about human
life. Yet, as governor of Texas, he approved more executions than any
other governor in the country. Bush and his fellow conservatives can’t
have it both ways – they can’t be for life when it involves abortion or
a high-profile medical case while simultaneously supporting the death
penalty. Comedian Dave Chappelle said it is tantamount to
saying, “Let them live so that we can kill them.” And Rep. Barney Frank
(D-Mass.) says this crew believes life begins at conception and ends
with birth. What should end is politicians exploiting the grief and pain of families to further their political agendas.
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‘Hell No, We Won’t Go!’
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