Abstract

This article first appeared in Life and Learning XIV: Proceedings of the Fourteenth University Faculty for Life Conference, and is reprinted here with the kind permission of the editor, Joseph W. Koterski, S.J..Despite the enormous attention it received, the Terri Schindler-Schiavo litigation is not legally significant. The litigation involved the application of a fairly well-settled legal framework. This framework permitted, however, an unjust result. The controversy over Terri’s fatehas, though, helped to focus attention on a consensus that is in need of re-examination. This paper explores the lessons that ought to be learned from the Terri Schindler-Schiavo litigation. After briefly discussing the basic facts and the complex litigation history, the paper considers the relevant federal constitutional and Florida law. The paper then critiques Florida law and explains the legal and moral considerations that ought to inform the re-examination that is so sorely needed. The most important effort needed is to restore the sanctity of life ethic.