Through a difficult case, our legal system remained strong
Letters to the EditorPublished April 1, 2005
The most compelling issue surrounding Terri Schiavo, in my opinion, did not have to do with the state of her brain, or the even the rights of her parents as opposed to those of her husband.
Rather, the take-home message, as I see it, is that both the state and federal judiciary avoided a constitutional crisis by issuing sound decisions based on the rule of law. In the many judicial decisions in this case, the courts uniformly reinforced the separation of powers doctrine by adhering to time-tested principles and playing by the rules - and thereby protecting the cherished constitutional rights of us all.
What distinguishes our legal system from others is the notion of the courts applying the law case-by-case to resolve individual controversies, relatively free from political pressure. The 11th Circuit Court of Appeal, in its final ruling, clearly and properly admonished the executive branch's blatant politicization of an issue that had been thoroughly and repeatedly litigated. The judicial opinion reaches all the way back to reference the intent of our Founding Fathers, which is another way of saying that the decision not to intervene was based on law, not politics.
As outsiders, we often form opinions about the outcomes of cases through what we hear in the media. We are all entitled to these opinions. However, as a law professor once told me, we really "cannot know the facts, unless we are inside the case."
With the news of her passing, I feel a sense of relief for Mrs. Schaivo, and also for our system. Her soul is at peace, and her body is no longer in the middle of a fierce tug-of-war. Our system held strong where needed; some may not like the outcome but, hopefully, most understand the value of the process.
-- Caroline Tesche, Esq., Tampa
Law missed the heart of the matter
Thank you, Terri. I don't know you personally, but I feel like I do. Theresa Marie Schindler Schiavo. I know your mother's great love for you. Your name and pictures have been in the news for years and lately on the lips of the governor, legislators, the president and the pope. You were a precious gift to us. You showed us the forest through the trees. There were laws made to try to protect you, but we all failed you.
You communicated with us as best you could with your eyes and your vocal sounds. You asked for water and food and we turned down appeal after appeal. A few good men and women stood up for you, but as a whole we were lacking. Our judicial system followed the letter of the law, but left out the heart of the law. My heart was breaking as the days numbered on, but I couldn't stop your death by starvation and dehydration.
Like the crowds on Good Friday crying out, "Crucify him," our society seemed to be crying the same for you. I am so sorry. Forgive us for even having to try to answer our young children's questions about "Why aren't they feeding her?" I didn't know then and I still don't.
-- Suzanne Davis, Tampa
An opportunity for healing
I have not been unaffected by the Terri Schiavo saga. It has been sad all the way around and stirred our consciousness greatly. Everyone comes here for a reason, and it's entirely possible that Terri's mission included illuminating a most difficult situation that thousands of families are experiencing outside the media spotlight. Terri's story showcased the confusion surrounding quality-of-life issues that you have illuminated.
I believed Michael Schiavo when he said he was carrying out Terri's wishes. I suffered as I watched the parents' pleas, yet felt Terri's body should be released to the place her soul and spirit went long ago.
Now, Michael has an opportunity to heal a nation of people who have suffered through this with him: Let Terri's parents have some say in the manner her body will be treated now that it has let go. Michael can look like the compassionate person he professes to be if he will accept that the same parents who bore her into this world may find some peace and healing if they are allowed to participate in the burial process.
Let's let the healing begin.
-- JoAnn R. Melton, Palm Harbor
Finding some lessons
While the passing of Terri Schiavo is a very sad occasion, she is finally at peace - no thanks to her parents and the right-to-life groups that consistently attempted to interject religion into this process.
Our Founding Fathers understood that a nation must be ruled by law and not by a single religious point of view. Our governor, Congress and president have, in opposition to the overwhelming majority of Americans and the Constitution, attempted to foist a religious perspective held by a minority of Americans on the rest of us.
The media did not help in this case and lost their objectivity years ago, doing everything at the end but accuse Michael Schiavo of murder. It is unconscionable behavior.
I can take some lessons from this case: Make certain that I have a living will that has been witnessed and signed by all parties concerned. Take everything the media print or air with a very large grain of salt. Finally, I have learned that I will never vote for someone running for public office who is willing to pander to such people as Randall Terry, who needs to go home and mind his own business.
-- Helene J. Liebman, Auburndale
We must protect the helpless
The death of Terri Schiavo was tragic because it was inhumane to starve a fellow human being to death and impose shackles on the merciful who wished to help her. The fine, humane people who were arrested because they wished to give Terri some water are loved by the Lord and respected by caring, compassionate folks.
We need the development of moral technology in America which should be reflected in many of our laws. The protection of the helpless by a humane society must be the American way. Legislate through love. Executing brain damaged innocents must not become the legacy of our age.
God bless Jeb Bush, the pope, religious leaders and all who would not justify such an injustice by ignoring the consequences of starving a human being to death. Their kindly, mercy-minded efforts will always be remembered by the conscience of communities everywhere.
-- Robert B. Fleming, St. Petersburg
Words and policies are at odds
Regarding the Terri Schiavo passing, the president said that "The essence of civilization is that the strong have a duty to protect the weak." But when you study the president's policies these last four years, quite the opposite took place. His cutbacks affecting all the safety nets from education to Medicaid are some examples.
His tax policies, which give the strongest the most benefits and give big corporations more loopholes, will further weaken the most vulnerable. If anything good comes out of this, it will show how politicians can talk out of two sides of their mouths. What hypocrisy.
-- Jack Levine, Palm Harbor
She is at peace
It took 15 long years, but Terri Schiavo is finally where she should have been all along. She is at peace and she is home.
-- Kathleen DeCristofaro, Spring Hill