Congressman Barney Frank Speaks at M.A.W.L Seminar

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On The Docket

Congressman Barney Frank Speaks at M.A.W.L Seminar
by Elizabeth K. Steel, Esq.

On May 20, 2005, the Massachusetts Association of Women Lawyers (M.A.W.L.) was honored to have Congressman Barney Frank (D) speak at a seminar on Health Care Decisions in the aftermath of the Terry Schiavo litigation and legislation. The talk was moderated by then President Carol Reiter and held at the Social Law Library in the spectacular, newly renovated John Adams Courthouse in Boston , Massachusetts . M.A.W.L. Board of Directors members Michelle Lespasio, R.N., Esq., Celia Weinstein, Esq., and President Carol Reiter moderated.

Congressman Frank started off the discussion by bringing a slice of humor to an otherwise serious issue. He joked that he had certain relatives that he would not trust to pull the plug on his toaster --even if it were smoking -- let alone make decisions regarding his life!!

He then delved into his views of the nationwide debate over whether to end the life of Terry Schiavo, who was in a persistent vegetative state in Florida . He explained that the religious right's view was that God gave life and only God can take away life. There are no legitimate grounds for hastening death, even if an individual has made written declarations of his or her preferences. Thus the religious right opposes the assisted suicide law in Oregon .

He added that a subset of disabled people also fear that the assisted suicide law could lead down the slippery slope to euthanasia. Mr. Frank suggested that this concern could be allayed by the government's reducing the financial pressures on families that have to care for the elderly or the disabled. He stated that some disabled groups and the religious right oppose ending a person's life even if not worth living because that would devalue their life. But he said that it should be the individual's choice. This issue arises more where the person is physically unable to end their own life.

Mr. Frank noted that those in Congress who were trying to pass laws to save Ms Schiavo's life, were also trying to push through bills that would cut medical funding and reduce housing for the disabled!

He said that the Republican politicians thought that supporting the fight to keep Terry Schiavo alive would be popular with the public. But they also expected that the legislative initiative would die with the adjournment for the Spring Recess. Then they could claim that they had voted for it even thought it never passed into law. But they were called back into session during the Spring Recess. Mr. Frank felt that the judiciary should decide this issue, without interference from 500 politicians! He said that a greater percentage of Republicans voted then did Democrats. He felt that the Democrats ducked the issue to avoid repercussions. He believed that we were on the verge of a constitutional crisis.

But the public was upset by the politicians' actions. People did not want the government to interfere in personal health care decisions. There ensued a rush of living wills and health care proxies. He felt that Senator Frist was damaged politically by making medical diagnoses based on viewing old videos of Terry Schiavo.

Congressman Frank said that the debate over abortion has affected the debate over the right to die. He also stated that the Schiavo debate presaged the debate over the judicial filibuster. He thinks that the Republicans will have a harder time overriding filibusters. Democrats want independent judges.

There were many comments and questions from the audience, with lively discussions over how the law does not keep up with advances in medicine, and whether another similar incident could occur again.