As the earthly life of Terri Schiavo continues to fade this Easter Sunday, one thing is obviously alive in this country and in a lot better shape than some might have guessed.
The rule of law.
After a fortnight in which the president of the United States, the governor of the state of Florida, the Florida state Legislature, the United States House of Representatives, the United States Senate and no end of right-to-life and religious right supporters tried to circumvent the 10th Amendment of the United States Constitution and the authority of this republic's judicial branch of government, the end of the Schiavo drama is shaping up to look a lot like the beginning.
That county judge in Florida — one George Greer, circuit court judge of Pinellas County — who five years ago approved Michael Schiavo's request to remove his wife's feeding tube — her only link to life as we know it — has been upheld on all legal fronts.
After careful examination of the evidence and expert testimony, Greer wrote in his decision: "By clear and convincing evidence, it was determined (Terri) did not want to live under such burdensome conditions,"
His judicial peers, both state and federal, including the Florida Supreme Court and United States Supreme Court, have consistently had his back.
This in spite of the considerable leverage generated by the above-mentioned crusaders, the majority of them Republican right-to-life proponents, who philosophically agree with Terri Schiavo's parents, Bob and Mary Schindler, that their daughter should continue to be kept alive indefinitely.
Terri Schiavo has been in a hospital bed since Feb. 25, 1990, the day her heart stopped briefly and oxygen was cut off from her brain. Her loss of consciousness was due to a chemical imbalance that was believed to be brought on by an eating disorder that Terri, 26 at the time, was battling — a dark bit of irony in her family's tortuous dilemma; a woman who lapsed into unconsciousness because she did not want to eat has now been fed involuntarily for 15 years.
In February of 2000, after 10 years of what he regarded as no satisfactory improvement in his wife's condition, Michael Schiavo, insisting it is what his wife would have wanted, petitioned to have the feeding tube removed.
That prompted Greer's decision, which in turn spurred a long line of preventive measures including special "Terri" bills signed by Florida Gov. Jeb Bush and President George W. Bush, who cut short a Texas vacation just a week ago to return to Washington and approve legislation drafted by Congress granting federal power to the case.
The obvious intent was to find federal judges favorable to the right-to-life cause (and the president) who would stay Terri Schiavo's "execution" and negate not only Greer's Florida state ruling but the decision of Terri's legal guardian, her lawful wedded husband.
It put the mostly Republican politicians in the awkward position of aligning with the twin pillars of evil — activist judges and violating the sanctity of man-woman marriage — to which their vehement objections got a good share of them elected in the first place.
But the judiciary would not have the Bushes nor anyone else trampling on the 10th Amendment, which guarantees state rights, and the independent authority of the judicial branch of government, the one the country's founders created to "guard the constitution."
Do not mess with the rule of law, their actions shouted loud and clear; without it, the whole country is liable to shrivel up and die.
Lee Benson's column runs Sunday, Monday, Wednesday and Friday. Please send e-mail to benson@desnews.com and faxes to 801-237-2527.