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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By Ed Kilgore
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April 18: Democrats Can Talk Tariffs and Foreign Dungeons At the Same Time
There’s a mini-debate among Democrats at the moment over the propriety of fighting against the deportation and imprisonment of Kilmar Abrego Garcia when other issues beckon, and I made my own thoughts known at New York:
As the story of the abduction, deportation, and detention of Kilmar Abrego Garcia plays out in El Salvador and U.S. federal courts, the politics of the situation are roiling many waters. For the most part, Republicans are following President Trump’s lead in wallowing in the misery of Abrego Garcia and other deportees; exploiting unrelated “angel moms” and other symbols of random undocumented-immigrant crimes; and blasting Democrats for their misplaced sympathy for the “wrong people.” Even as Team Trump risks a constitutional crisis by evading judicial orders to grant due process to the people ICE is snatching off the streets, it seems confident that public backing for the administration’s mass-deportation program and “border security” initiatives generally will make this a winning issue for the GOP.
For their part, Democrats aren’t as united politically on the salience of this dispute, even though virtually all of them object in principle to Trump’s lawless conduct. Most notably, California governor and likely 2028 presidential contender Gavin Newsom warned against dwelling on it, as The Bulwark reported:
“Asked to comment on the ongoing standoff between Trump, El Salvador, and the U.S. judicial system, Newsom scoffed. ‘You know, this is the distraction of the day,’ he said. ‘This is the debate they want. This is their 80-20 issue, as they’ve described it …’
“’Those that believe in the rule of law are defending it. But it’s a tough case, because people are really — are they defending MS-13? Are they defending, you know, someone who’s out of sight, out of mind in El Salvador? … It’s exactly the debate [Republicans] want, because they don’t want this debate on the tariffs. They don’t want to be accountable to markets today … They want to have this conversation. Don’t get distracted by distractions. We’re all perfect sheep.’”
Newsom is reflecting an ancient Democratic “populist” prejudice against non-economic messaging, which was revived by the 2024 presidential election, in which warnings about the threat to democracy and to the rule of law posed by Trump were widely adjudged to have failed to sway an electorate focused obsessively on the economy and the cost of living. And it’s true that the Abrego Garcia case arose precisely as Trump made himself highly vulnerable on the economy with his wild tariff schemes.
But the emotions aroused by the administration’s cruelty and arrogance in launching its mass-deportation initiative have struck chords with major elements of the Democratic base, particularly among those attuned to the constitutional issues involved. And it’s not a secret that even though Trump enjoys generally positive approval ratings on his handling of immigration issues, they begin to erode when specifics are polled. It’s also quite likely that whatever the overall numbers show, deportation overreach will hurt Trump and his party precisely in the immigrant-adjacent elements of the electorate in which he made crucial 2024 gains.
Personally, I’ve never been a fan of communications strategies that turn message discipline into message bondage, persuading political gabbers and writers to grind away on a single note and ignore other opportunities and challenges. In the current situation facing Democrats, strategic silence on a volatile issue like immigration (which was arguably one of Kamala Harris’s problems during the 2024 campaign) enables the opposition to fill in the blanks with invidious characterizations. In politics, silence is almost never golden.
Perhaps more to the point, as G. Elliot Morris argues, there are ways to link messages on different issues that reinforce them all:
“One way to focus messaging on both the economy and immigration, for example, might be to show how unchecked executive power is dangerous. After all the most unpopular parts of Trump’s agenda — tariffs and deportations for undocumented migrants who have been here a long time and committed no crimes — are a direct result of executive overreach.
“The power that gives Trump the ability to levy extreme tariffs was given to the president when Congress expected him to be forgiving of tariffs on an individual basis as an act of diplomacy, not to plunge the world economic order into crisis. Similarly, the judiciary has said Trump’s deporting of Abrego Garcia, as well as hundreds of Venezuelans, runs afoul of multiple Court orders.”
Even if you conclude that “unchecked executive power” is too abstract a line of attack for today’s paycheck-focused swing voters, it shouldn’t be that difficult to hit two messages simultaneously, particularly since the message on Trump’s tariffs doesn’t require a whole lot of reiteration from Democrats: Voters can see it in the stock market, and soon enough they will likely see it in the prices they are paying for goods and services.
But the real clincher in persuading Democrats to take the Abrego Garcia case very seriously is this: Anything less than full-throated opposition to the administration’s joyful embrace of Gestapo tactics and un-American policies in deportation cases will undoubtedly dishearten constituents who already fear their elected officials are unprincipled cynics who won’t lift a finger to fight Trump without first convening a focus group of tuned-out swing voters. Politicians don’t have to emulate Senator Chris Van Hollen’s decision to fly down to El Salvador and meet with his imprisoned constituent to recognize that his willingness to do so was impressive and authentic. As he told my colleague Benjamin Hart in an interview earlier this week, “The issue here is protecting the rights of individuals under our Constitution … I do believe this is a place that we need to stand up and fight.” It’s hard to do anything else without shame.