ANDY
SCHUB
Andrew
Schub is our Newsletter Contributing Editor. He will be posting
weekly stories on things Bush and Fox News you may not know about
but should, may know about but do not know enough about, or may
know about but dagnabbit you just need to know more.
HYPOCRITICAL
CARE
by
Andrew Schub
Terri
Schiavo has been in a persistent vegetative state since suffering
a cardiac arrest and a subsequent severe loss of oxygen to her
brain in February 1990. Although her heart continued to pump blood
unassisted, and her lungs continued breathing on their own, she
was unable to swallow, and was put on a feeding tube.
In February 2000, a Florida judge ruled there was clear and convincing
evidence Terri would choose not to receive life-prolonging medical
care in her condition and ordered the feeding tube removed. Terri's
parents disagreed with that verdict, and have been waging a legal
battle against Terri's husband to keep Terri alive ever since.
The
laws that govern these sad situations differ from state to state,
so why is the (Republican controlled) Federal Government getting
involved now, nearly 15 years after the fact? To hear them tell
it, it is because they care about all human life. Bush himself
has said, "This is a complex case with serious issues, but
in extraordinary circumstances like this, it is wisest to always
err on the side of life."
That
is what Bush says. However --
While
Bush was governor of Texas, he presided over more executions during
his five-year tenure in Austin than any other governor in the
nation since capital punishment was reinstated. And never once
let "extraordinary circumstances" stand in the way of executing
a prisoner on death row.
TIME:
TEXAS EXECUTION TESTS LIMITS
In
fact, looking at Bush's record as governor, it is hard to imagine
a circumstance he would define as "extraordinary." In
a Chicago Tribune investigation of all 131 death row executions
during Governor Bush's tenure:
In one-third
of those cases, the lawyers who represented the death penalty
defendant at trial or on appeal had been or were later disbarred
or otherwise sanctioned.
In 40 cases
the lawyers presented no evidence at all or only one witness
at the sentencing phase of the trial.
In 29 cases,
the prosecution used testimony from psychiatrists who testified
without examining the defendant -- a practice condemned professionally
as unethical.
COMMON
DREAMS NEWS: BUSH EXECUTIONS
Bush
does not seem too concerned about "erring on the side of life"
when it comes to foreign policy and the "war on terror" either.
Even ignoring the large number of Iraqi civilians who have been
killed, and the number of American soldiers who have died, the
number of Iraqi prisoners who have died in US custody is chilling:
At
least 108 people have died in American custody in Iraq and Afghanistan,
most of them violently, according to government data provided
to The Associated Press. And roughly a quarter of those deaths
have been investigated as possible abuse by U.S. personnel.
ABC
NEWS: 108 DIED IN U.S. CUSTODY
To
put that figure in perspective, the number of American POWs that
died in North Vietnamese captivity during the Vietnam War is 114.
That is 114 POWs dying from all causes over the entire course
of the Vietnam War. US troops have almost topped that number in
under two years.
VIETNAM
WAR STATISTICS
But
maybe it is unfair to compare non-medical situations to medical
situations. Certainly there are different circumstances involved
in the case of a retarded man awaiting execution on death row,
or an Iraqi citizen in U.S. custody, than there are in the case
of a woman who has been in a vegetative state for the past 15
years. However --
When
Bush was governor of Texas, he signed into law a bill called The
Texas Futile Care Law.
The
Texas Futile Care Law gives hospitals the right to remove a patientıs
life support if that patient cannot pay for treatment and there
is no hope of revival -- regardless of the patient's family's
wishes.
The
Texas Futile Care Law was used just this month to remove life
support from a six-month-old baby named Sun Huston.
HOUSTON
CHRONICLE : BABY DIES AFTER HOSPITAL REMOVES BREATHING TUBE
Sun
Huston had a fatal congenital disease, but would have been kept
alive -- if his mother had been able to pay for his medical treatment,
or if she had been able to find another institution willing to
take him.
COLUMBIA
JOURNALISM REVIEW: SPIN BUSTER
Bush's
claim of "erring on the side of life" does not show up often.
So why now, and why Terri Schiavo?
The
answer is clear in a memo circulated to Republicans on the floor
of the Senate (rumored to have been written by someone in Rick
Santorum's office):
S.
529., The Incapacitated Person's Legal Protection Act:
Teri
[sic] Schiavo is subject to an order that her feeding tubes
will be disconnected on March 18, 2005 at 1p.m.
The
Senate needs to act this week, before the Budget Act is pending
business, or Terri's family will not have a remedy in federal
court.
This
is an important moral issue and the pro-life base will be excited
that the Senate is debating this important issue.
This
is a great political issue, because Senator Nelson of Florida
has already refused to become a cosponsor and this is a tough
issue for Democrats.
The
bill is very limited and defines custody as "those parties authorized
or directed by a court order to withdraw or withhold food, fluids,
or medical treatment."
There
is an exemption for a proceeding "which no party disputes, and
the court finds, that the incapacitated person while having
capacity, had executed a written advance directive valid under
applicable law that clearly authorized the withholding or [sic]
withdrawl [sic] of food and fluids or medical treatment in the
applicable circumstances."
Incapacitated
persons are defined as those "presently incapable of making
relevant decisions concerning the provision, withholding or
withdrawl [sic] of food fluids or medical treatment under applicable
state law."
This
legislation ensures that individuals like Terri Schiavo are
guaranteed the same legal protections as convicted murderers
like Ted Bundy.
ABC
NEWS : GOP TAKING POINTS ON TERRI SCHIAVO
The
Administration does not care about the life or death of Terri
Schiavo, just as it does not care about the lives of American
soldiers, the lives of citizens of Iraq and Afghanistan, or the
life of a poor black infant in Texas.
The Administration cares about pleasing a "pro-life" political
base and taking advantage of a "great political issue" the Bush
regime considers "tough for Democrats."
The
Administration is also extremely happy to have something new to
distract the country with while the two-year anniversary of the
"war" in Iraq passes, while Republicans change the bankruptcy
laws,and while Tom DeLay tries to dodge scandal after mounting
scandal.
Andrew
Schub
*
updated 03.28.05
Past
News
: read
past news issues by Andy and guest contributors.
WE
ARE BACK | THE EDITORS| 09.11.06
THAT
GUY CALLED MARK | ANDREW SCHUB | 01.15.05
FACTOR
THIS | ANDREW SCHUB | 01.21.05
THE
BEST FREE PRESS MONEY CAN BUY | ANDREW SCHUB | 01.30.05
NOT
JUST A GIGOLO | ANDREW SCHUB | 02.14.05
VALERIE
PLAME | ANDREW SCHUB | 02.21.05
JOURNALISM
101 | ANDREW SCHUB | 02.27.05
TOP
10 SIGNS | GEORGE ELLIS | 03.05.05
A
BANKRUPT LAW FROM A BANKRUPT CONGRESS | ANDREW SCHUB | 03.12.05
INFORMATION
ROUND UP | THE EDITORS | 03.20.05
HYPOCRITICAL
CARE | ANDREW SCHUB | 03.28.05
SELECTIVE
SERVICE | ANDREW SCHUB | 04.03.05
POPE
WHAT? | ANDREW SCHUB | 04.17.05
SUPPORT
OUR TROOPS | JIM FOLEY | 05.03.05
DENVER
DEMONSTRATION & NEWS ROUND UP | THE EDITORS | 12.01.05
JUSTICE
SUCKS | THE EDITORS | 01.21.06
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