The American Spectator

Two principal issues arise from Mr. Bandow’s commentary on the case of Terri Schiavo:

1. Michael Schiavo could divorce her: he does not suggest on what grounds. Her condition has presumably prevented her from undertaking any course of action that would justify divorce. Her condition itself surely cannot give her husband cause. Although Mr. Schiavo is now in what seems to be an apparently stable, long-term and committed relationship with the mother of his children, he cannot divorce himself from his wife on the grounds of his own adultery. How can they possibly be divorced?

2. Mr. Bandow decries possible “federal-state conflicts” but later suggests the Florida courts may need to be ‘fixed.’ Although it seems to be case that the phrase “a Florida appeal” now has a meaning all its own, there is a measure of inconsistency in his argument.

However, it is in the issue of “Republican grandstanding” that there may exist the possibility of a resolution of this issue. Bear with me.

It looks great on TV and plays well with the base to have the Republican President and Congressmen pass emergency legislation which seems to have the sole purpose of giving one family a right of relief in a nearly exhausted judicial process, and which is worthless if the judge it’s referred to finds against them. That’s naked, unworthy politics, debasing the judicial process and reducing several human lives to the status of pawns. Hopefully, when the dust settles, a boatload of politicians and journalists find themselves waking up in the night wondering what effect their comments had on Michael Schiavo’s kids.

However, as a committed pro-lifer, I wonder if it would not have been better to provide Michael Schiavo with a right of relief to an emergency divorce, if he so wished. If he were to refuse, then his refusal would draw legitimate criticism and his motives for refusing could be thoroughly examined. Such a law could enable him to resign the status of “guardian” and allow Terri Schiavo’s family to assume the burden of her care more quickly. Unlike the legislation that’s been passed, such a law could form the basis of laws at state level to cover other such appalling situations, which would then cut the legs from under activist judges with a point to prove.

It was perhaps not Terri’s Law that was needed, but Michael’s Law.