Nat Hentoff on Obama and Schiavo

Nat Hentoff is a familiar name for those of us in the battles against euthanasia, assisted suicide, and infanticide.

The comments Democratic presidential candidate Barack Obama made during the February 26th debate with Hillary Clinton caught Hentoff’s attention as well as ours.

Writing in Jewish World Review, Hentoff writes:

In none of the endless presidential candidates’ debates has there been a meaningful discussion of the rights of disabled Americans. However, in the Feb. 26 debate in Cleveland, Barack Obama casually and ignorantly revealed his misunderstanding of the basic issue in the highly visible and still-resonating official death sentence of a disabled woman, Terri Schiavo. I have repeatedly called her death the result of “the longest public execution in American history.”

In his first sentence, Hentoff has identified a silence that has escaped others in the media. No presidential candidate, of either party, has discussed the issues facing Americans with disabilities. Both Clinton and Obama have detailed positions on disability issues on their campaign sites, but it’s not something they talk about in debates or on the stump. I’m not sure if John McCain has any positions on disability issues on his own campaign site, but his silence on our issues is as thorough as his Democrat counterparts.

The omission of disability issues in the presidential debates isn’t his main point though:

When moderator Tim Russert asked Hillary Clinton and Obama if “there are any words or votes that you’d like to take back … in your careers in public service,” Obama answered that in his first year in the Senate, he joined an agreement “that allowed Congress to interject itself (in the Schiavo case) into the decision-making process of the families.”

Obama added: ‘I think that was a mistake, and I think the American people understood that was a mistake. And as a constitutional law professor, I knew better.”

When he was a professor of constitutional law, Obama probably instructed his students to research and know all the facts of a case. The reason Congress asked
the federal courts to review the Schiavo case was that the 41-year-old woman about to be dehydrated and starved to death was breathing normally on her own, was not terminal, and there was medical evidence that she was responsive, not in a persistent vegetative state.

One of the leading congressional advocates of judicial review was staunchly liberal Democratic Tom Harkin of Iowa, because he is deeply informed about disability rights. By contrast, in all of this inflamed controversy, the mainstream media performed miserably, copying each other’s errors instead of doing their own investigations of what Terri’s wishes actually were. Consequently, most Americans did not know that 29 major national disability-rights organizations filed legal briefs and lobbied Congress to understand that this was not a right-to-die case, but about the right to continue living.

A caveat here – when Hentoff talks about “mainstream media” I hope he is including Fox News Channel along with MSNBC and other “mainstream” sources. Fox News was every bit as guilty as other networks in terms of framing the fight for Terri Schiavo’s life as a “culture wars” controversy as the other networks were. This wasn’t “liberal” bias – the right and the left worked in tandem on this – and in a way that kept the perspectives and involvement of disability advocates out of the public discourse.

Read the rest of the article here.

And for more info on safeguards recommended by disability advocates for people under guardianship in terms of treatment withdrawal, check out the STATEMENT OF COMMON PRINCIPLES ON LIFE-SUSTAINING CARE AND TREATMENT OF PEOPLE WITH DISABILITIES and the list of organizational endorsements for the Statement. –Stephen Drake

NDY Quoted in AP Coverage of Kevorkian While Others in the Media Drop the Ball

Last night, the Associated Press issued a story on Jack Kevorkian’s formal announcement of his intended candidacy for Congress in Michigan’s 9th District. Right now, the story is on about 25 different news sites. It’s hard to know which link will stay up the longest. I’ll go with ABC for now, anyway:

When asked about his health, Kevorkian said he had recovered fairly well from ailments he had behind bars. But he later said he is dealing with Hepatitis C, temporal arteritis and high-blood pressure.

Disability activists released a statement Monday criticizing Kevorkian, noting that his lawyer had filed appeals for Kevorkian’s release in 2003, 2004 and 2005 claiming he had only a year to live.

“The voters deserve proof that Kevorkian will live long enough to serve out a congressional term,” said Stephen Drake of Not Dead Yet, a disability rights group that opposes legalization of euthanasia and assisted suicide.

The quote from Not Dead Yet didn’t happen by accident, but by some quick work and at least one receptive ear.

Over the weekend, news came out that Kevorkian would hold a press conference on Monday announcing his candidacy. Monday morning, we cranked out the following press release and faxed it out to the Associated Press in Detroit, followed by the Detroit Free Press and Detroit News:

Disability Activists Question “Honesty and Sincerity” of “Candidate” Kevorkian

This morning, various news sources report that Jack Kevorkian formally announced his intention to run as an independent candidate for Congress in Michigan’s 9th district. Earlier reports quoted Kevorkian as saying he was running because he would bring “honesty and sincerity” to government.

Predictably, the media didn’t confront Kevorkian with any hard questions they would throw at a legitimate candidate, even though a high-profile maverick run like his could very well tip the balance of the election results, even if he has no hope of winning the seat.

“It was deplorable, but possibly excusable, when the press described Kevorkian as “dying” when he was released from prison. After all, that’s what his lawyer claimed. But then why didn’t anyone ask any questions when he soon presented himself as someone full of vigor and long-range plans?” says Stephen Drake, research analyst for Not Dead Yet, a national disability rights group opposed to legalization of euthanasia and assisted suicide.

That won’t do when it comes to a candidate for public office, says Drake. As the Associated Press reported in December of 2006, Governor Granholm’s office confirmed that Mayer Morgenroth filed appeals for Kevorkian’s release in 2003, 2004, and 2005 claiming Kevokian had “less than a year to live.” Morgenroth, who is Kevorkian’s attorney, repeated the claim in his final appeal in 2006.

“Given the repeated claims of Kevorkian’s impending death over the past few years, the voters deserve proof that Kevorkian will live long enough to serve out a Congressional term,” says Drake. “The public and the press should ask Kevorkian to make his medical records public – including the medical records from the prison’s doctors.”

If these records give Kevorkian a clean bill of health, it won’t end his problems, says Drake. He’ll then have to answer how the repeated – and obviously exaggerated – claims of his impending death match up with his promise of “honesty and sincerity.”
###

We followed up with phone calls, talking directly to a reporter at the Detroit Free Press, a staffer at the Associated Press, and had to leave a message on the voice mail of Detroit News reporter covering this story.

The Detroit Free Press reporter seemed kind of bored with the idea that Kevorkian should actually be challenged in the way a real candidate should

Things went better at the Associated Press, though. The staffer allowed the apparent discrepancy between his lawyer saying he was “dying” and his current activities was a legitimate point. To make it stronger, I pointed that this particular district had been singled out by the Democratic Congressional Campaign Committee as part of its “Red to Blue” campaign – Congressional seats held by Republicans regarded as vulnerable. Candidates in this campaign get resources from the national committee.

Kevorkian’s candidacy, I suggested, could work in that district in the same way Ralph Nader’s candidacy did on a national level in 2000, guaranteeing the Rebublican incumbent his seat. That would suggest that Kevorkian be treated more seriously than is usually the case

Apparently, that approach worked, with the AP anyway
That’s about the only place, though. Just this morning, self-proclaimed political “experts” Willy Geist, Mika Brzezinski, Chris Matthews, and Pat Buchanan were all laughing about “candidate” Kevorkian on “Morning Joe.” They all seem to think it’s funny because he has no chance of winning

Seems to me that back in 2000, we all knew that Ralph Nader had no chance of winning his presidential bid. But no one laughed about it. And after the results came in, no could claim his candidacy didn’t make a difference

It’s quite possible that Gary Peters, the Democratic candidate in the 9th District, may get a chance to experience what it’s like to be squeezed out of contention by a fringe candidate. –Stephen Drake

Taking Credit for Kevorkian’s Ideas: Prisoners and Organ Harvesting

Greg Dahlmann, at blog.bioethics.net, alerts readers to Graeme Wood’s article arguing that we should permit (in Dahlmann’s words) “death row prisoners to, essentially, die by organ donation.”

Wood’s article is titled “Let’s Harvest the Organs of Death-Row Inmates“:

But by using what the bioethicist Arthur Caplan calls “the Mayan Protocol”—a term derived from the ancient Mayan practice of vivisecting their human sacrifices—the removal of organs would itself be the method of execution. If this sounds inhumane, compare it to current practices: botched hangings, painfully long gassings, and messy electrocutions. Removal of the heart, lungs, and kidneys (under anesthesia, of course) would kill every time, without an instant of pain.

So far, the organs of all criminals executed in the United States have stayed with their original owners. Consider the loss. Someone died waiting for that killer’s heart. Two died waiting for his kidneys, and two more suffocated for lack of his lungs. The liver, split two ways, could have saved two babies. Take the hair, bone, skin, ligaments, and fluids for grafts and transfusions, and all that’s left of the donor’s body could be shuffled off into a very petite coffin indeed. The inmate could allow nearly a dozen people to live, in exchange for a body he wouldn’t be around to enjoy anyway. The math says we should encourage death-row organ donation.

Apparently, neither Dahlmann nor Wood are aware that Wood is parroting the arguments and advocacy of Jack Kevorkian. Kevorkian carried on a “crusade” to allow just this sort of access to condemned prisoners for almost three decades. Admittedly, his crusade wasn’t limited to organ harvesting, but embraced live human experimentation as well.

All anyone needs to do to confirm this is to check the Amazon listing for Kevorkian’s “Prescription: Medicide,” published in 1991:

(From the 1991 Publishers Weekly review on the Amazon page linked above)

Kevorkian gained notoriety last year when he performed the first publicly acknowledged “physician-assisted suicide” by helping Janet Adkins, a victim of
Alzheimer’s disease, take her own life. The method of death was the Mercitron, the “suicide machine” Kevorkian invented, which enables a person to self-administer a lethal injection. In this self-dramatizing, often strident manifesto he argues that “medicide,” his term for doctor-assisted suicide, is an ethical option that should be extended not only to the infirm or terminally ill, but also to inmates on death row. Condemned prisoners, he maintains, should, if they choose, be executed via general anesthesia, with the option of donating organs or having their intact bodies used for medical experimentation. (emphasis added)

Wood, writing on this subject, should know enough to give credit where credit is due. His arguments and advocacy are near-perfect echoes of Kevorkian’s own ultimately discredited cause. And ethicists like Dahlmann should already be familiar with Kevorkian’s work. –Stephen Drake

Peter Singer – A Slippery Mind

Princeton bioethicist Peter Singer has put himself into the media spotlight again. This time, he’s gone to defend the idea that professional judgment and state interests can trump individual autonomy. The “case example” he uses in his latest op-ed is the highly publicized case of Sam Golubchuk, an elderly man whose family has been fighting in the Canadian courts to guarantee he gets appropriate medical treatment when he falls ill.

Writing in the Malta Independent, Singer shows (probably to the shock of many of his fans) how little Utilitarians like Singer actually value autonomy:

Normally, when patients are unable to make decisions about their treatment, the family’s wishes should be given great weight. But a family’s wishes should not override doctors’ ethical responsibilities to act in the best interests of their patients.

Golubchuk’s children argue that he interacts with them. But establishing their father’s awareness could be a double-edged sword, since it could also mean that keeping him alive is pointless torture, and it is in his best interest to be allowed to die peacefully.

The other important issue raised by Golubchuk’s case is how far a publicly-funded health care system, such as Canada’s, has to go to satisfy the family’s wishes. When a family seeks treatment that, in the professional judgment of the physicians, is not in the patient’s best interest, the answer should be: not far at all.

If Golubchuk’s children can convince the court that their father is not suffering, the court might reasonably order the hospital to grant them custody of their father. They can then decide for themselves, at their own expense, how much more treatment he should have. What the court should not do, is order the hospital to continue to care for Golubchuk against the better judgment of its health care professionals. Canada’s tax-payers are not required to support the religious beliefs held by their fellow-citizens.

This puts him in direct contradiction to his stance in an earlier case. However, his apparent aim in the documentary was to show a more varied and humane presentation of his views. Here is an excerpt from a transcription of the documentary “Singer: A Dangerous Mind.” The transcribed segment deals with David Glass, whose parents were convicted on assault charges as a result of having to physically fight medical personnel attempting to give their son drugs that would have killed him:

And what I thought was really wrong about the doctors’ refusal to support David, when he needed life support, was that they were putting themselves above David’s mother in being the judges of whether his life was worth continuing.

He reinforced the point later when he said:

I think for doctors to make those decisions independently of the wishes and views of parents will normally be the wrong thing to do.

Contrary to what both detractors and fans of Singer might think, it’s not all that unusual for Singer to say one thing in a given setting only to modify it or contradict it in another. Most people don’t keep track of the times he’ll concede points in a debate, only to “forget” that he conceded them when in front of another audience. Singer seems to rely on the fact that most people don’t keep track of his contradictions and inconsistencies.

This pattern became evident even as he first came to Princeton. And it came with his conflicting accounts of a situation he faced with his own mother. In 1999, Michael Specter wrote in the New Yorker that Peter Singer spent money to support his mother, who had advanced Alzheimer’s – and the apparent contradiction of him providing that care in the face of Singer’s views on personhood.

Singer’s comments, which became widely circulated in subsequent coverage of him, explained the contradiction this way:

Singer has spent his career trying to lay down rules for human behavior which are divorced from emotion and intuition. His is a world that makes no provision for private aides to look after addled, dying old women. Yet he can’t help himself. “I think this has made me see how the issues of someone with these kinds of problems are really very difficult,” he said quietly. “Perhaps it is more difficult than I thought before, because it is different when it’s your mother.” (emphasis added)

This was a “humanizing” portrait of Singer – although sometimes used to brand him a hypocrite as well.

Whether or not Singer is a hypocrite, it’s clear that he unpacks certain statements, revelations and positions at times that certainly seem aimed to please the audience in front of him. How else to explain the December 2000 interview with Ronald Bailey in Reason Magazine that gave a very different account of why Peter Singer’s mother got the support she needed to live even with advanced dementia:

Rigorous adherence to a single principle has a way of hoisting one by one’s own petard. Singer’s mother suffers from severe Alzheimer’s disease, and so she no longer qualifies as a person by his own standards, yet he spends considerable sums on her care. This apparent contradiction of his principles has not gone unnoticed by the media. When I asked him about it during our interview at his Manhattan apartment in late July, he sighed and explained that he is not the only person who is involved in making decisions about his mother (he has a sister). He did say that if he were solely responsible, his mother might not be alive today. (emphasis added)

(Note: Singer’s sister is Joan Dwyer, a lawyer whose career has involved strident advocacy for people with significant disabilities, some of which she writes about in the Law Review article “Access to Justice for People with Severe Communication Impairment.”

The statements in the Bailey interview did not get circulated in the media – and the earlier story of it “being different when it’s your mother” still plays out in most people’s background knowledge of Singer.

But if you follow his articles and speaking gigs closely, it probably won’t be long until you’ll find your own examples of Singer blithely contradicting himself and hoping the audience has either the ignorance or the good manners not to notice. –Stephen Drake

NY Times Reporter Shills for Euthanasia Organizations

New York Times “Health” reporter Jane E. Brody is no stranger to this blog.

Back in August, this blog took issue with her article promoting the so-called “non-heartbeating death” protocol in which organs may be harvested after the heart is stopped. Most articles covering this topic have attempted to discuss the ethical pitfalls in this protocol, pitfalls made all too apparent in the events surrounding the death of Ruben Navarro.

Here’s what an excerpt from the blog piece back in August:

The August 28th story by Jane E. Brody titled “The Solvable Problem of Organ Shortages,” falls short of real reporting and can best be described as a public relations piece for the NHBD protocol and the medical institutions implementing the protocol.

Today, Brody took up her public relations role again, shilling for “Compassion & Choices” and “Final Exit Network” – the latter organization makes no pretense of thinking suicide assistance should be limited to the terminally ill. They’re more than happy to encourage and abet the suicides of just about any old, ill or disabled person.

And that’s just fine with Brody, apparently.

Excerpts from her article titled “Terminal options for the irreversibly ill“:

One of the things that apparently moved Brody to write this PSA for euthanasia groups is a letter she received from a reader talking about her mother:

A 62-year-old woman wrote that her 90-year-old mother told her almost daily that she had “had enough”; she has had a good life but now no longer feels her life is worth living. She constantly asks her son-in-law, a physician, “Isn’t there something you can give me to help me get out of here already?”

“In this world of modern technology,” her daughter wrote, “where medical advances now provide the ability to keep individuals alive indefinitely, frequently without consideration for the quality of that life, I believe the time has come to address the issue of what you refer to as a ‘graceful exit.’

Brody appears untroubled by the fact that the letter and the lament come from the daughter and not the “suffering” person herself. And she treats every word as though it can be taken at face value. Maybe she could ask why the mother herself didn’t write or at least sign the letter – but that would mean entertaining the possiblity that the wishes expressed are those of the daughter’s alone.

After laying out the Oregon law and people’s options in terms of limiting life-sustaining treatment, Brody advances down her self-made slope to the advocacy of organizations like the Final Exit Network:

The network’s Exit Guide program accepts members with various incurable diseases that cause intolerable suffering. Members must be “cognitively functional,” “physically strong enough to perform the required tasks” and “able to procure” the needed items. Helium, when inhaled in place of oxygen, results in a loss of consciousness within a minute and heart stoppage in 15 minutes without causing the unpleasant sensation of air hunger, the authors reported.

She gives full contact information.

As to the degree of care and professionalism with which Final Exit Network zealots engage in their work, check out the this troubling account of the guided/assisted suicide of a troubled woman in the Phoenix New Times.

Brody and the NY Times have every right to publish public relations and opinion pieces; would it be too much to ask for them to move Ms. Brody to the opinion page where she belongs so no one will mistake this for reporting? –Stephen Drake

PS – Wesley Smith has his own take on it in “New Euthanasia Times.”