The husband has not allowed a lot of medical testing in the last few years. I have tried to find out what her neurological condition actually is. But the evidence is sketchy, old and conflicting. The Florida court found that most of her cerebral cortex is gone. But ``most'' does not mean all. There might be some cortex functioning. The very severely retarded or brain-damaged can have some consciousness. And we do not go around euthanizing the minimally conscious in the back wards of the mental hospitals on the grounds that their lives are not worth living.
Given our lack of certainty, given that there are loved ones prepared to keep her alive and care for her, how can you allow the husband to end her life on his say-so?
Because following the generally sensible rules of Florida custody laws, conducted with due diligence and great care over many years in this case, this is where the law led.
For Congress and the president to then step in and try to override that by shifting the venue to a federal court was a legal travesty, a flagrant violation of federalism and the separation of powers. The federal judge who refused to reverse the Florida court was certainly true to the law.
But the law, while scrupulous, has been merciless, and its conclusion very troubling morally. We ended up having to choose between a legal travesty on the one hand and human tragedy on the other.
There is no good outcome to this case. Except perhaps if Florida and the other states were to amend their laws and resolve conflicts among loved ones differently -- by granting authority not necessarily to the spouse but to whatever first-degree relative (even if in the minority) chooses life and is committed to support it. Call it Terri's law. It will help prevent us having to choose in the future between travesty and tragedy.
Charles Krauthammer is a 1987 Pulitzer Prize winner, 1984 National Magazine Award winner, and a columnist for The Washington Post since 1985.
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