[Poohbah]

Thanks for the bill. I just don't see, however, how Congress gave any leeway to the District Court. All the "mays" go to the plaintiff and the direction to the courts contain the absolute "shall," including the requirement for a de novo determination. What am I missing that you're seeing in this section?

Key sentence here:

In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings.

The problem is that Gibbs brought no such suit.

[shezza]

The problem is that Gibbs brought no such suit.

D'oh!

[malakhi]

The problem is that Gibbs brought no such suit.

Correct.