What they have done (and I base this on reading their decisions) is say "we know we were told to do a de novo review regardless of any state court proceedings, but all we can do is review the state court proceedings." Therefore, Terri never gets her review of the facts.
These judges are also making it look as though the parents' lawyer relied only on the state court proceedings, and as though Congress didn't assume there would be an injunction. Neither is correct, but that is the judges' way of crafting an opinion with the result they want.
Exactly...except for the dissenting Judge. Perhaps the others in the appeal process will take up his dissenting view. At least that view is now out there on paper officially.
Ummm... Which ones are the "liberal" judges? Carnes? Hull? You're kidding, right?
Yeah I understand that by the time Congress acted this was already almost unwinnable, especially since Congress screwed up royally (purposely?) in not requiring a stay. But all these years, being unable to change venue, unable to get contradictory medical testimony in the record, unable to get any action on the many conflicts of interest, it's almost like they weren't paying attention.