PDF1 - University of Maryland School of Law

Appendix 1EXPOSING OUR CHILDREN, EXPOSING OURSELVESComments on the Report"Medical Discrimination Against Children with Disabilities"of the U. S. Commission on Civil RightsbyWilliam B. AllenChairmanTWO PHYSICIANSDoctor That's-Too-Bad, along with his colleague, DoctorSo-Much-The-Better, went to see a sick man.The latter expressed hope while his comrade maintainedthat the bed-ridden patient was headed to hisforebearers.The two being divided in mind for a cure, the sick manpaid Nature's price, After which Doctor That's-Too-Badseemed a prophet.Their profit rose further from the malady. The oneboasted, "He's dead, as I well foresaw." — "Had hebelieved me," said the other, "He would live well still."166My colleagues hate it when I introduce literary, historical, or philosophicalallusions. But Fontaine's little fable captures so evocatively the plight of thehandicapped newborn, I cannot avoid opening with it. Perhaps seeing it writtenout will make it more bearable than merely hearing it read.I comment on the disinclination to indulge my academic penchants becausethis is one case in which it makes a substantive difference in the report we areabout to approve (and there is a majority of this body that has already indicated aresolve to approve it no matter what). Such a substantive effect emerged in ourpreliminary discussion last November. At that time I opened my remarks with thereflection that my reading of Hippocrates suggested a possible explanation of thedifficulties. As the name Hippocrates fell from my lips, and just as swiftly, Idiscerned in the body language of my colleagues a considerable degree offrustration and bemusement - so much so, in fact, that I detoured the comment Iintended to make into innocuous channels and let the matter drop.I now apologize for my faint-heartedness. While I expect the sympathy ofeveryone who knows how difficult it is to speak what no one wishes to hear, Irecognize nonetheless that I had then an obligation to persevere. The fact that thequestion I wished to broach at that time looms still more ominously now reproachesFontaine