I’ve never been called a “center-right anti-tubist” before. But I guess there’s no such thing as bad press.

Mickey Kaus had this to say:

Center-right anti-tubists–Reynolds, Sager, and Sullivan — are getting some righteous, echo-chamber traction denouncing Congress’ action in the Schiavo case for its violation of “states’ rights” principles. Here’s Sager, quoted by Reynolds:

The forums for matters such as the Schiavo case are state courts, upholding state laws. Conservatives, especially religious conservatives — who want Roe v. Wade overturned and the issue of abortion moved back to state legislatures and courts — should understand this better than any other group of Americans.

That’s a fine argument if you’re a states rights conservative. But what about those of us who aren’t? Do we now have to agree with William Rehnquist’s jurisprudence? I’ve always thought the country would be better off divided into 10 numbered sectors. State governments mainly multiply the federal bureaucracy X 50. And if state laws have created a crazy system for making life-ending decisions–a fictititious judicial hunt for the near-decedent’s “wishes” guided by potentially-conflicted spouses–it’s perfectly reasonable to seek a better, national solution, just as it was reasonable to blow off “states’ rights” when local jurisdictions sought to discriminate against blacks. … P.S.: Roe v. Wade is inapposite here. Roe didn’t transfer authority over abortion from the state legislature to the federal legislature. It removed the issue from both state and federal legislatures–from any sort of democratic decision making–and gave it to the Supreme Court. If Roe is ever overturned, will the abortion issue go back to the states? I doubt it. Federal legislation would be inevitable, and proper.

I think Kaus could have a point, if we were dealing with a broad-based question about fundamental rights — as we were with segregation. But we’re not.

What we’re dealing with is a very unfortunate and complex family dispute that some national politicians grabbed a hold of to pander to the religious right.

There’s certainly a debate to be had about the right to die, and some states — maybe including Florida — might have inadequate systems in place when it comes to determining the wishes of the incapacitated. But I see absolutely no evidence that the state courts and legislatures have somehow dropped the ball here, necessitating intervention by the feds.

What I see is an ugly family fight that turned into a national soap opera.