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Wednesday, March 23, 2005

A stroll down memory lane
Posted by Jill | 8:19 AM

Now that the 11th Circuit Court of Appeals has refused to order the re-insertion of Terri Schiavo's feeding tube, there's very little doubt in my mind that this case will continue on its relentless march to the Supreme Court.

When it does, it will be interesting to see what Antonin Scalia does with it. Keep an eye on this, folks, for here's what he said in a similar case, Cruzan by Cruzan v. Director, Missouri Department of Health, in 1990 (emphases mine):

While I agree with the Court's analysis today, and therefore join in its opinion, I would have preferred that we announce, clearly and promptly, that the federal courts have no business in this field; that American law has always accorded the State the power to prevent, by force if necessary, suicide -- including suicide by refusing to take appropriate measures necessary to preserve one's life; that the point at which life becomes "worthless," and the point at which the means necessary to preserve it become "extraordinary" or "inappropriate," are neither set forth in the Constitution nor known to the nine Justices of this Court any better than they are known to nine people picked at random from the Kansas City telephone directory; and hence, that even when it is demonstrated by clear and convincing evidence that a patient no longer wishes certain measures to be taken to preserve her life, it is up to the citizens of Missouri to decide, through their elected representatives, whether that wish will be honored. It is quite impossible (because the Constitution says nothing about the matter) that those citizens will decide upon a line less lawful than the one we would choose; and it is unlikely (because we know no more about "life-and-death" than they do) that they will decide upon a line less reasonable.
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