It is clearer every day that the politico-legal furor over the sad case of Terri Schiavo has already drifted over the line from a question of law and fact, to one of religiously determined definitions of life and death, and of homicide and suicide.Initially, the case being made by congressional Republicans, the White House, and many supporters of the Schindler family was that the Schindlers simply needed a new judicial review of the case in a sympathetic court–i.e., a court not bound by seven years of Florida rulings. And the subsidiary arguments had to do with matters of fact: Was Michael Schiavo correct in saying his wife had made clear her opposition to living on in anything like her current condition? And did the medical officials in Florida who repeatedly diagnosed Terri Schiavo as being in a “persistant vegetative state” somehow get it fundamentally wrong?But as the legal case for the Schindlers fades with each adverse judicial ruling, and absent any real evidence of medical error (unless you believe the diagnosis made by Bill Frist, M.D. from a videotape of Terri Schiavo has any real standing), what remains is essentially a religious case. And that case has merged with the extra-constitutional claims of the more militant elements of the Right to Life movement, which have become conspicuously involved with the Schindlers.In the hearing before U.S. District Court Judge Whittemore that was forced by Congress, the Schindlers’ attorney relied heavily on the argument that Terri Schindler could not have conscienctiously given consent to the withdrawal of her feeding tube because it was contrary to Catholic teaching; indeed, it would have put her immmortal soul in peril of damnation, he suggested! In other words, since the act itself is abhorrent, she couldn’t consent to “suicide” any more than she could give her husband the right to “murder” her.This line of reasoning, of course, was fully anticipated by the prime enabler of the current crisis, Tom DeLay, who has consistently referred to the course of action dictated by Florida law and pursued in many thousands of cases around the country as “murder,” “barbarism,” and “medical terrorism.”So for the Schindlers’ backers, including Tom DeLay, the object here is not about law or fact, or for that matter, about Terri Schiavo–it’s about finding some way to fundamentally change the laws of Florida and the United States to accord with a particular religious view of the ethics of the end of life.Best I can tell, the Catholic teaching that withdrawal of nutrition from a brain-dead person represents “euthanasia” is relatively new, laid out in 1995 in the papal encyclical “Evangelium Vitae.”As explained by Father Thomas Williams, dean of theology at the Regina Apostolorum Pontifical University in Rome, the encyclical draws a very sharp distinction between “an action or omission which of itself and by intention causes death, with the purpose of eliminating all suffering,” which is murder, and the “decision to forgo so-called ‘aggressive medical treatment,’ in other words, medical procedures which no longer correspond to the real situation of the patient, either because they are by now disproportionate to any expected results or because they impose an excessive burden on the patient and his family.” The latter decision is morally fine, even upright. “That distinction is subtle but extremely important from a moral perspective,” said Fr. Williams.I think we would all agree the distinction is subtle, much like the Vatican’s long-standing distinction between “natural” and “artificial” contraception, or its distinction between “contraception” and “abortion” with respect to birth control methods that interfere with the implantation of a fertilized egg in the uterine wall. American Catholics have largely ignored these “subtle” but “extremely important” distinctions in the area of reproductive ethics, and if the public opinion surveys about the Schiavo case are any indication, they will probably ignore this one as well. Which is why, in the end, the Schindlers and their crusade is ultimately becoming just another battle in the right-to-life movement’s long war to force a redefinition of life and the legal protections afforded it from the moment of conception to biological death.We all need to understand this this is what the case is really about, and (a) ignore the legal and factual arguments being thrown out as tactical maneuvers by the anti-abortion activists and Republican politicians pursuing this issue, because they don’t mean them for a moment, and (b) recognize that for most of the protestors marching in support of the Schindlers, the photos of poor Terri Schiavo (may she someday rest in peace) they wave are just this week’s version of the fetus posters they brandish every day of the year.ADDENDUM: Before anyone emails me to accuse me of anti-Catholicism or something, I want it on record that I am about as philo-Catholic as any Protestant you will ever meet. And I completely respect (but do not share) the views of right-to-lifers, especially those, including most recently the National Conference of Catholic Bishops, who make a point of opposing capital punishment on the same grounds, and express greater concern than today’s Republicans for the health and prosperity of the sick and the poor. My plea in this post is simply for honesty, especially among those politicians who want to exploit the Schiavo case without embracing the logic of where it is inevitably leading.
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Editor’s Corner
By Ed Kilgore
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December 18: Democratic Strategies for Coping With a Newly Trumpified Washington
After looking at various Democratic utterances about dealing with Trump 2.0, I wrote up a brief typology for New York:
The reaction among Democrats to Donald Trump’s return to power has been significantly more subdued than what we saw in 2016 after the mogul’s first shocking electoral win. The old-school “resistance” is dead, and it’s not clear what will replace it. But Democratic elected officials are developing new strategies for dealing with the new realities in Washington. Here are five distinct approaches that have emerged, even before Trump’s second administration has begun.
If you can’t beat ’em, (partially) join ’em
Some Democrats are so thoroughly impressed by the current power of the MAGA movement they are choosing to surrender to it in significant respects. The prime example is Senator John Fetterman of Pennsylvania, the onetime fiery populist politician who is now becoming conspicuous in his desire to admit his party’s weaknesses and snuggle up to the new regime. The freshman and one-time ally of Bernie Sanders has been drifting away from the left wing of his party for a good while, particularly via his vocally unconditional backing for Israel during its war in Gaza. But now he’s making news regularly for taking steps in Trump’s direction.
Quite a few Democrats publicly expressed dismay over Joe Biden’s pardon of his son Hunter, but Fetterman distinguished himself by calling for a corresponding pardon for Trump over his hush-money conviction in New York. Similarly, many Democrats have discussed ways to reach out to the voters they have lost to Trump. Fetterman’s approach was to join Trump’s Truth Social platform, which is a fever swamp for the president-elect’s most passionate supporters. Various Democrats are cautiously circling Elon Musk, Trump’s new best friend and potential slayer of the civil-service system and the New Deal–Great Society legacy of federal programs. But Fetterman seems to want to become Musk’s buddy, too, exchanging compliments with him in a sort of weird courtship. Fetterman has also gone out of his way to exhibit openness to support for Trump’s controversial Cabinet nominees even as nearly every other Senate Democrat takes the tack of forcing Republicans to take a stand on people like Pete Hegseth before weighing in themselves.
It’s probably germane to Fetterman’s conduct that he will be up for reelection in 2028, a presidential-election year in a state Trump carried on November 5. Or maybe he’s just burnishing his credentials as the maverick who blew up the Senate dress code.
Join ’em (very selectively) to beat ’em
Other Democrats are being much more selectively friendly to Trump, searching for “common ground” on issues where they believe he will be cross-pressured by his wealthy backers and more conventional Republicans. Like Fetterman, these Democrats — including Senators Bernie Sanders and Elizabeth Warren — tend to come from the progressive wing of the party and have longed chafed at the centrist economic policies advanced by Barack Obama, Hillary Clinton, and, to some extent, Joe Biden and Kamala Harris. They’ve talked about strategically encouraging Trump’s “populist” impulses on such issues as credit-card interest and big-tech regulation, partly as a matter of forcing the new president and his congressional allies to put up or shut up.
So the idea is to push off a discredited Democratic Establishment, at least on economic issues, and either accomplish things for working-class voters in alliance with Trump or prove the hollowness of his “populism.”
Colorado governor Jared Solis has offered a similar strategy of selective cooperation by praising the potential agenda of Trump HHS secretary nominee, Robert F. Kennedy Jr., as helpfully “shaking up” the medical and scientific Establishment.
Aim at the dead center
At the other end of the spectrum, some centrist Democrats are pushing off what they perceive as a discredited progressive ascendancy in the party, especially on culture-war issues and immigration. The most outspoken of them showed up at last week’s annual meeting of the avowedly nonpartisan No Labels organization, which was otherwise dominated by Republicans seeking to demonstrate a bit of independence from the next administration. These include vocal critics of the 2024 Democratic message like House members Jared Golden, Marie Gluesenkamp Perez, Ritchie Torres, and Seth Moulton, along with wannabe 2025 New Jersey gubernatorial candidate Josh Gottheimer (his Virginia counterpart, Abigail Spanberger, wasn’t at the No Labels confab but is similarly positioned ideologically).
From a strategic point of view, these militant centrists appear to envision a 2028 presidential campaign that will take back the voters Biden won in 2020 and Harris lost this year.
Cut a few deals to mitigate the damage
We’re beginning to see the emergence of a faction of Democrats that is willing to cut policy or legislative deals with Team Trump in order to protect some vulnerable constituencies from MAGA wrath. This is particularly visible on the immigration front; some congressional Democrats are talking about cutting a deal to support some of Trump’s agenda in exchange for continued protection from deportation of DREAMers. Politico reports:
“The prize that many Democrats would like to secure is protecting Dreamers — Americans who came with their families to the U.S. at a young age and have since been protected by the Deferred Action for Childhood Arrivals program created by President Barack Obama in 2012.
“Trump himself expressed an openness to ‘do something about the Dreamers’ in a recent ‘Meet the Press’ interview. But he would almost certainly want significant policy concessions in return, including border security measures and changes to asylum law that Democrats have historically resisted.”
On a broader front, the New York Times has found significant support among Democratic governors to selectively cooperate with the new administration’s “mass deportation” plans in exchange for concessions:
“In interviews, 11 Democratic governors, governors-elect and candidates for the office often expressed defiance toward Mr. Trump’s expected immigration crackdown — but were also strikingly willing to highlight areas of potential cooperation.
“Several balanced messages of compassion for struggling migrants with a tough-on-crime tone. They said that they were willing to work with the Trump administration to deport people who had been convicted of serious crimes and that they wanted stricter border control, even as they vowed to defend migrant families and those fleeing violence in their home countries, as well as businesses that rely on immigrant labor.”
Hang tough and aim for a Democratic comeback
While the Democrats planning strategic cooperation with Trump are getting a lot of attention, it’s clear the bulk of elected officials and activists are more quietly waiting for the initial fallout from the new regime to develop while planning ahead for a Democratic comeback. This is particularly true among the House Democratic leadership, which hopes to exploit the extremely narrow Republican majority in the chamber (which will be exacerbated by vacancies for several months until Trump appointees can be replaced in special elections) on must-pass House votes going forward, while looking ahead with a plan to aggressively contest marginal Republican-held seats in the 2026 midterms. Historical precedents indicate very high odds that Democrats can flip the House in 2026, bringing a relatively quick end to any Republican legislative steamrolling on Trump’s behalf and signaling good vibes for 2028.