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March 27, 2005

Hack Job

This morning the Los Angeles Times engaged in "gotcha journalism" as it tried to paint Rep. Tom DeLay as a hypocrite over the Terri Schiavo case by exposing the circumstances surrounding his father's death. The "story" is half reporting, half editorializing:

More than 16 years ago, far from the political passions that have defined the Schiavo controversy, the DeLay family endured its own wrenching end-of-life crisis. The man in a coma, kept alive by intravenous lines and a ventilator, was DeLay's father, Charles Ray DeLay.

Then, freshly re-elected to a third term in the House, DeLay waited all but helpless for the verdict of doctors.

Today, as House Majority Leader, DeLay has teamed with Senate Majority Leader Bill Frist, R-Tenn., to champion political intervention the Schaivo case. He pushed emergency legislation through congress to shift the legal case from Florida state courts to the federal judiciary.

And he is among the strongest advocates of keeping the woman, who doctors say has been in a persistent vegetative state for 15 years, connected to her feeding tube. DeLay has denounced Schiavo's husband, as well as judges, for committing what he calls "an act of barbarism" in removing the tube.

In 1988, however, there was no such fiery rhetoric as the congressman quietly joined the sad family consensus to let his father die.

But try as I might, I struggle to find comparisons between the two. DeLay's father's had a brain hemorrhage and broken ribs; he needed a tracheotomy and ventilator to assist his breathing; and his body was full of infections. Terri Schiavo's vital functions are working perfectly well; she simply needs a feeding tube because she cannot swallow on her own. Michelle Malkin notes even more significant differences:
Unlike Terri Schiavo, he was in a state of steady deterioration and at death's imminent doorstep within days of his accident.

Unlike the Schiavo case, there was a family consensus among the DeLays and no dispute over what the father would have wanted. Moreover, DeLay was not the primary decision-maker in the family's choice to withhold heroic treatment. That role fell to his mother and another brother and sister.

The LA Times fails to really note the differences and works hard to compare the two. The reporter's conclusion is that DeLay wants it a private affair when it's his family, but uses government intervention when it's another. But his family had no legal dispute, and the biological circumstances were vastly different. This is shady journalism that lacks necessary balance. DeLay's rhetoric in the Schiavo matter, and in his general governance, is fertile grounds for criticism. But his father's death is irrelevant, and this journalist's sloppy suggestion of hypocricy says much more about the LA Times than it does about DeLay.

Update: In an online "chat" Howard Kurtz made the same comparison, which I challenged by sending in much of this post. He responded to my question this way:

Similar in this respect: The family had to make a decision on whether to end the life of a seriously ill person with no realistic hope of recovery. Obviously the medical details of every case are different, and in some cases family members are in agreement and in others they're not. But the question, which the Schiavo case has underscored, is whether family members, in consultation with doctors, get to make the decision, or whether government gets to intervene.
With all due respect to the intelligent Kurtz, the government intervened from the moment both sides petitioned the court. The court system is in fact an arm of the government, and since both sides had a dispute, the courts (government) intervened. Whether another branch of the government should also get involved is a legitimate debate, but the government was already involved years ago.

Here we find a significant difference between DeLay's family and Schiavo. There was no dispute in DeLay's situation, and therefore the government was not already involved, as it was with Schiavo. The differences are striking and important, and underscore the irrelevance of DeLay's father in the matter.

Posted by Joshua Claybourn at March 27, 2005 10:02 AM

Comments

Differences, yes, but hypocrisy nevertheless, because DeLay projects moral superiority and a total lack of humility regarding the Schiavo matter. He attacks those who disagree with him with a hateful, snobbish, crusading vengeance. My former Congressman is an ass.

Posted by: Joel Thomas at March 27, 2005 01:23 PM | permalink

Can some moonbat leftist please give me your definition of "hypocrisy?"

Posted by: CJ at March 27, 2005 01:48 PM | permalink

The L.A. Times will, however, have an excellent hypocrisy angle the next time any Schiavo-bill Republican pretends to support states' rights.

I can respect either side of the issue of whether or not to let Terri die. But that bit of special legislation was an abomination.

Posted by: Doug at March 27, 2005 01:49 PM | permalink

Anyone who has spend any time reviewing the facts of the Schiavo should realize there is no comparison to Rep. Delay's father. To use this case in attacking Rep. DeLay truly shows a total lack of humanity regarding his fathers situation; done with hateful, snobbish, crusading vengance. These people are a**es.

Posted by: Craig B at March 27, 2005 02:07 PM | permalink

Tom Delay describes the situation with regard to Terri Schiavo as not merely wrong or immoral but as murder on one occasion and "medical terrorism" and "barbarism" on another.

Posted by: Joel Thomas at March 27, 2005 02:45 PM | permalink

I would be curious for insight into how Terri Schiavo's situation constitutes a case of "barbarism" and "medical terrorism" whereas even questioning the decision made in the case of Tom Delay's father is indicative of a "total lack of humanity."

Posted by: Doug at March 27, 2005 02:50 PM | permalink

My only question on the Delay article is this; given that the man had no living will written down to specifically express his wishes, why did the Delay family not choose to "Err on the side of life" as we're told we should always do these days?

Posted by: Balta at March 27, 2005 03:26 PM | permalink

Of more interest and import is the continual increase of advocacy in non-objective journalism. The Times, whether of LA or NYC have reached the point where they ought not be read by serious people.

Posted by: Anonymous at March 27, 2005 04:01 PM | permalink

Pretty soon, Times of all regions will be written by man-whore reporters.

Still, why is Schiavo "medical terrorism" while inquiry into DeLay indicates a "total lack of humanity"?

Posted by: Doug at March 27, 2005 04:48 PM | permalink

If "he was in a state of steady deterioration and at death's imminent doorstep within days of his accident" then why the need to disconnect him at all?

Any decision to take a loved one off of life support is going to be a wrenching decision. On the other hand, if nature is willing to make the decision for you, in no more than a matter of days, then why not let nature do so?

greg

Posted by: Gregory Travis at March 27, 2005 06:57 PM | permalink

Delay's private experiences with this sort of thing are completely fair game for the simple reason that he's made the Shiavo/Schindler private family experience the subject of public legislation. He's seen fit to create a public law to attempt to prevent Michael Schiavo from doing something comparable (not identical by any means, but comparable) to what Delay did with his family in private.

I don't think this means Delay was wrong in doing anything he did, with his father or with Terri's law. I'm pretty sure the decision to cut off life support was a very difficult one, one he's probably thought about a lot since. Thus, seeing a somewhat similar, but more questionable decision by Michael Schiavo might have had special emotional resonance with Delay for the very reason that he went through the same thing.

But I think at the very least, if he's going to point such scrutiny at the private lives of others, he has no complaint if such scrutiny is directed back at him.

Posted by: Aaron at March 27, 2005 10:49 PM | permalink

While I agree that the LA Times piece was shady, and the comparisons between the condition of Terri and the condition of Delay's loved one are different, let's apply this reasoning consistently. Let's also look at the dozen examples of such false comparisons with other people made by the other side during this entire circus. The conservative shows have trotted out numerous people who "miraculously" regained consciousness from comas, or recovered from lesser problems, as evidence that Terri might do the same - and all without pointing out the major differences between her condition and theirs. None of them were in PVS, and none of them had a large portion of their brain necrotized. Then you have Dr. Hammesfahr claiming that he has helped patients "far worse than Terri", but without being able to point to a single case study or any test results to support that claim, and it turns out that his work was with rehabilitating stroke patients, which is something other doctors do every day. So let's criticize the use of bad analogies on both sides.

Posted by: Ed Brayton at March 28, 2005 10:01 AM | permalink

Joshua, basically, you've got two arguments going here: the first being that one situation is in legal dispute by the parties, the other not, and the second that the "biological circumstances were vastly different". My challenge to you is that if one grants that differences in the medical circumstances has any real significance to the outcome you desire in this discussion (Proposition: Michael Schiavo's actions are not justified in his case, Rep. DeLay's were justified in his own), then the issue of there being a legal dispute or not is not germane. Arguing that the fact of a legal dispute can be used to "augment" the strength of medical differences as an argument is immoral, or at least, it seems to me. Am I the only one who sees it that way?

Because I am not trying to make the case that your two arguments are mutually exclusive, I cannot say that the converse would also be true: if one grants that the differences in legal circumstances has real significance to your desired outcome, then the issue of whether there are medical differences is not germane. Still, given the State of Florida's legal definition of "feeding tubes" and "artifical ventilation" as equivalent examples of "life support," it could give one pause.

I think you, and by extension, some others making this dual argument, are trying to win this debate by overmaking your case, even if by using approaches that don't exactly mesh, morally. That in and of itself would be a hypocritical approach if it were intentional. I don't impute that to you--but it cannot be a honest approach to turn on and off these arguments for advantage.

And yes, I understand that your thrust is about the LA Times, but I think it is accurate to say that your attack on that paper is based on the arguments I outline above. At its root level, a "culture of life" approach cannot be ethically shaded with fine points without losing its significance, and therefore its power, can it?

Posted by: Nash at March 28, 2005 11:19 AM | permalink

As far as dragging Tom Delay's private life into the public sphere, I'd be inclined to agree that was fair game in and of itself (although the comparison is still ridiculous), except that the Schiavo case was already very public long before DeLay got involved.

On the other hand, if nature is willing to make the decision for you, in no more than a matter of days, then why not let nature do so?

Actually, Greg, the vast majority of people would agree that when medical treatment can only prolong death, the moral thing to do is discontinue the treatment.

given that the man had no living will written down to specifically express his wishes, why did the Delay family not choose to "Err on the side of life" as we're told we should always do these days?

First, Balta, I find your sarcasm completely tasteless. Second, you're vastly distorting the pro-life argument if you're reducing it to "there's no living will." If Terri Schiavo's family had agreed that she wouldn't want to be kept alive by feeding tube, none of us would ever have heard of this case, in spite of the lack of a living will. Decisions like that are made every day, in fact.

Posted by: Eric Seymour at March 28, 2005 12:22 PM | permalink

The article isn't balanced and isn't entirely fair to Tom DeLay. However, sometimes in life we reap what we sow. It doesn't mean we deserve what we reap, only that we've had a hand in the planting and shouldn't be surprised if something other than a sweet crop appears.

I'm not convinced this issue wasn't going to come up in the next few years in some other venue, as the Pope and others have described it as evil to withdraw feeding tubes even if there is a living will to that effect. The fact is that certain elements of the right-to-life movement are very militant.

Posted by: Joel Thomas at March 28, 2005 03:54 PM | permalink

Do as I say.
Not as I do.

Posted by: Osama_Been_Forgotten at March 28, 2005 05:13 PM | permalink

"the vast majority of people would agree that when medical treatment can only prolong death, the moral thing to do is discontinue the treatment"

Yes, just like there is a vast majority of people who oppose what Congress did. But obviously there is a loud minority of fundamentalists whose creed is to hang on more-or-less at all costs (and part of this creed calls for imposing the same creed on everyone else; actually, DeLay's example seems to indicate that the creed calls mostly for imposing the belief on others, but granting an exemption for oneself). We have just witnessed the spectacle of that minority leading Congress around by the nose.

"If Terri Schiavo's family had agreed that she wouldn't want to be kept alive by feeding tube, none of us would ever have heard of this case, in spite of the lack of a living will."

Like many people, you're making the assumption that the Schindlers are interested in respecting Terri's wishes (and the only issue is that there is dispute over the nature of Terri's wishes). Not so.

The Schindlers said "that even if Theresa had told them of her intention to have artificial nutrition withdrawn, they would not do it" (link).

In other words, there is reason to believe that even if the Schindlers had heard the same (verbal) living will allegedly heard by Michael, that they would probably conceal that fact, and we would all be in the exact same situation.

Posted by: jukeboxgrad at March 28, 2005 09:50 PM | permalink

I'm disappointed in the Republican Party as most of my fellow conservatives. Delay deserves what he got because he has attacked the character of all who participated in the decision to halt life sustaining treatment for Terri Schiavo. Thats what is at the heart of all this. Who decides? In Delay's personal experience it was him and his family. He was lucky nothing was contested. What if medical opinion and lack of written wishes had been contested in Charles Delay's fate?

It is not like several judges had not reviewed appeals by the Schindlers. Republicans in Congress have also made much of apparent contradictions in Micheal Schiavos statements and actions, but have completely ignored court testimony by the Schindler family in terms of Terri's wishes, Micheal's character, and Terri's medical condition.

Both cases involve end of life medical decisions and that is reason enough for Tom Delay to be questioned. There are huge differences between Charles Delay and Terri Schiavo, but there are similarities too. The important similarities are important in that they revolve around the legal questions and lack of legal review. Charles Delay had no one question his diagnosis and no court investigated his family's decision. Terri did but Congress argued it wasn't sufficient. Both had no written will. Both died due to lack of life sustaining treatment.

Needless to say, the rhetoric and villification in the Schiavo case is disgusting especially after the State of Florida's judiciary was supported by the Federal Judiciary on the matter of proper procedure and due process. If Congress wants to act let them pass laws that review all cases in which "plugs" are pulled or fail to be inserted. Let Congress set up rules on living wills. But keep Congress and demagoguery out of the lives of individuals, especially those fought extensively in the State Courts.

Posted by: rick at April 2, 2005 07:04 PM | permalink

 
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