I seriously doubt that the 11th Circuit would order the district court to go to the merits of this case.
Really, at this point, the appeal focuses solely on whether there was an abuse of discretion on the part of the district judge.
Unfortunately, there is little hope here because while Congress made a courageous effort to get this matter into federal court, the language of the legislation was such that court was given wide latitude in this matter.
From a legal perspective, the only kind of legislation that would have brought about a truly just result would have been a bill mandating a de novo review in federal district court.
Unfortunately, this federal judge did not allow a de novo review. Without such review, federal judges will usually allow a state court ruling to stand...absent some clear abuse of discretion.
The factual record....in state court...was stacked against Terri...for whatever reason.
It is very unfortunate. And, my heart goes out to her family.
Politically and legally...there will be hell to pay because the American people demand to know the truth here.