Judge Not?

diary of a mad law professor

By Patricia J. Williams

This article appeared in the March 26, 2007 edition of The Nation.

March 12, 2007

For the last several months, I've been fretting about the policy implications of the case of Ashley, Seattle's so-called "pillow angel." Ashley is a 9-year-old child who was born with a debilitating disorder that caused her brain to stop developing at about the age of three months. She is sensate, she smiles, she seems at times to recognize her family members and to enjoy music. But she can barely move and will never learn to speak. When she was 6, Ashley's parents subjected her body to a series of interventions ostensibly designed to keep her small, easy to lift and thus less prone to bedsores and to render her permanently childlike.

To these ends, her breast buds were removed, in part because of a family history of breast cancer but, more immediately, to accommodate the harness straps that hold her upright. According to her parents' blog, "developed breasts...would only be a source of discomfort to her." Her appendix was removed because were she to get appendicitis it was feared she would not be able to communicate her distress. She was given sufficiently high doses of estrogen to insure that her growth plates would close, limiting her height. This, despite the fact that estrogen at such doses carries other risks, most significant an increase in the incidence of blood clots; but her parents felt that being able to easily lift her outweighed that possible detriment. Her uterus, too, was removed, to spare her the pain of menstrual cramps "or pregnancy in the event of rape."

I think this course was wrong for Ashley. Who of us, with full capacity to consent, would undergo the painful invasiveness of a full hysterectomy just to prevent cramps or as a prophylactic against rape's violations? Why then should it be permitted in the case of someone who has no capacity to protest? Even assuming a life at the hands of sexual predators were so predestined a fate, why not birth control pills?

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About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...
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