A Cruel and Unusual Decision

Blessed are those who hunger and thirst
for righteousness, for they will be filled.

Even the Roman soldiers on crucifixion duty -- surely a hardened and heartless lot -- extended a sponge of vinegar to Jesus. Why can't the courts of the United States do the same for Terri Schiavo?

In its 2-1 ruling, a panel of the 11th circuit denied Terri food and water while her parents continued their appeals (here), a cruel and unusual punishment for a woman who is guilty of no crime. The lone dissenter, Judge Charles Wilson, a Clinton appointee, said, "In fact, I fail to see any harm in reinserting the feeding tube."

There can be none. Even the difficult to understand and hard to forgive Michael Schiavo couldn't argue material harm if another week or two passes before he achieves his cruel victory. But if she were fed, and if her parents were to prevail, then he would lose. So is he arguing that her death is a better result than due process and, possibly, justice? Yes.

Even before the parents' appeal was filed with the 11th Circuit, Michael Schiavo urged the court not to grant an emergency request to restore nutrition.

"That would be a horrific intrusion upon Mrs. Schiavo's personal liberty," said the filing by his attorney, George Felos. He filed a response to the Schindlers' appeal and said he would go to the Supreme Court if the tube were ordered reconnected.

With the Florida Senate unlikely to move as it appears no one there is changing their vote, it's up to the Supremes. The Schiavo's petition will land on Anthony Kennedy's desk first and he could either rule alone or pass it on to the full court.

Terri's options are dwindling, her fate hangs on courts that have not allowed the record to be reopened. As long as they only mull over the inadequate record that is before them, we can expect little from the courts. Pray for Terri, and a decision to reopen the record and reinsert the tube.