by Michael Bryan
You would think that the idea of condemning people to death by
withholding medical treatment would be pretty abhorrent to just about
everyone. That is certainly what conservatives are banking on with
their invocation of mythical 'death panels' that was supposedly a
feature of the health reform legislation before Congress.
You
would think, then, that they would be rather sensitive of anything that
smacks of euthanasia here at home. You would be wrong. Here in Arizona
it is perfectly legal to let a person who cannot care for himself die
by withholding medical care - as long as you pray for them to be
miraculously healed.
Many states have statutes that make it a
crime to allow a vulnerable adult or child to come to harm through
neglect, including withholding needed medical care. A vulnerable adult
is mentally or physically impaired person who cannot protect himself
from neglect, abuse, or exploitation, such as a person who is gravely
ill. Here in Arizona that statute is the Child and Vulnerable Adult
Abuse Act.
However, there are some exceptions to criminal
liability for allowing harm to come to vulnerable adults. One is,
sensibly, medical providers who are withholding care pursuant to the
patient's own refusal or an advance health care directive.
The second is quite extraordinary:
So, in Arizona, you can withhold needed medical care that would save a person's life, even if they don't consent, so long as you pray for them."E. This section does not apply to:
2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished."
To me, this exception is outrageous. Are Christian Scientists such a powerful lobby in Arizona that their wacky beliefs about medicine merit an exception in our criminal code? Note that this exception doesn't apply to children, just vulnerable adults. It's not OK to let your children die by denying them medical care, but grandma is fair game, apparently. Or were Arizona's conservatives looking ahead to day when insurance companies needed a cheap way to get away with the moral equivalent of murder?
"Yeah, we denied that life-saving procedure and the patient died, but we prayed for him to get better!"
I wonder how many conservatives will jump to the defense of Arizona's own 'death panels' of the prayerful in the comments?
Editor: I asked James to reflect on his experience running a local legislative race, this is the report he filed.
by John Adams











"It's like Hitler just invaded France," said a source in the moderate wing of the Pima County Republican Party of
Posted by: AZBlueMeanie



















Populism Consuming Representative Democracy
By Michael Bryan
Tucson's ballot initiative to peg the ratio of emergency personnel to population seems to me to be the latest iteration of populist discontent being cynically used to snatch at political power while denigrating and disempowering representative democracy.
Too frequently over the past few decades we have seen progressive institutions such as the ballot initiative used to tie the hands of representative government. There are many examples of extremely unwise, but politically facile policy created using populist sentiments: the Prop 13 property tax freeze in California and the disastrous Taxpayer's Bill of Rights arbitrarily limiting the growth of government expenditures in Colorado being chief among them.
In each case, what seems like an easy fix for the difficult and messy business of governance is sold as patent medicine for what ails the body politic. Only later does it become apparent the snake oil contains toxic waste.
There are no easy answers or simple formulas for good governance. Wise policy requires democratic debate and tough deliberation over alternatives, not simplistic slogans and expedient but static 'fixes'.
Every time that the populists tout their latest gee-wiz gew-gaw, they chip away at the power and accountability of representative democracy. By taking the power to make policy and actually govern out of the hands of our elected representatives, we only assure that the accountability and esteem of our elected representatives will further decline.
This latest iteration of this populist disease is the Public Safety First! initiative. By arbitrarily requiring a particular ratio of emergency personnel to population, the representative system by which public preferences for such matters ought to be expressed is bypassed. The fact that all the Republican challengers support this attempt to remove public safety decisions from the very democratically elected body they are seeking to become members of should tell you something about their opinion of the institution, and their philosophy of government.
What gets lost in all the rhetoric about crime in Tucson is that Arizona's communities already spend the most per capita of any state in the nation on crime control, save Nevada. Our communities already struggle under a high financial burden, yet those supporting Prop 200 would have us spend even more in vain.
Reductions in crime will not come from more police and more courts and more prisons. Effective crime control will come from better education, more economic opportunity, a vital civic community, and strong families. Prop 200 does nothing to pursue those goals; indeed, it only assures that less resources are available for those priorities.
The last thing we should do is hand representative political power to those who do not value or respect it, or worse, advocate to strip our democratic institutions of their powers. We cannot fix complex social problems with the blunt instruments of funding formulas and populist slogans.
It is the American way to solve our problems by confronting them as a free and democratic society, served by those among us who are genuinely interested in coming together to debate and negotiate the best solutions possible. Representative democracy is a wonderful and powerful institution, we mustn't allow rank populist rage to bleed it of its vitality.
mbryanaz on October 05, 2009 in Arizona, Budgets, Commentary, Elections, Law Enforcement, Police, Tucson | Permalink | Comments (5)