Here's my take on the Terri Schiavo (search) deal:
A huge argument has broken out about whether or not Congress and the president should have stuck their nose into the Terri Schiavo case. Some people say thank God they did. Some say it's the end of the Republic — that Madison is rolling in his grave and that the separation of powers have been trampled by Congress butting into the business of the state courts.
I say we never would be in this position if it weren't for the Florida courts recognizing what is clearly a sham marriage.
At this point, Michael Schiavo (search) asserted his right as husband and guardian to insist his wife Terri's feeding tube be removed. At this point Michael Schiavo is married to Terri Schiavo only for the purpose of ending her life.
The reason I say that is that he has another "wife," has two kids by her and is leading another life.
If Terri Schiavo were in good enough shape to say whether she wanted to live or die, she might first say she wants a divorce, considering the fact her husband has another wife and two kids.
And if she were to do that, would Michael Schiavo still have the standing to claim guardianship to be able to pull her feeding tube? No.
If he didn't have that guardianship, who would? Her parents. Would they pull the feeding tube? No. Would it then be necessary for Congress and the president to get involved? No.
So this whole thing turns on whether Michael and Terri Schiavo are really married and the fact that the Florida courts continue to recognize a marriage that exists only for the purpose of killing her. Surely the Florida courts cannot be that dumb. And, if they are, then surely somebody else ought to get involved — perhaps even Congress and the president.
I don't think this is so hard. If you recognize reality you will see that as of Friday, when Michael Schiavo ordered the feeding tube removed, they weren't really married. They haven't been since he took the other "wife" and had two kids.
Are the Florida courts saying an ex-husband gets to decide when an ex-wife dies? If so, there is going to be a very long line at the court's front door.
That's My Word.
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