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My problems with Whittemore started with his thumbing his nose at the Congressional request for a de novo trial!

That's not what happened. Whittemore was acutely aware of what the law said. However, the Schindlers' attorney based his entire plea on procedural errors by Greer, not on disputed facts. It was a terrible blunder. But the judge can't fix that. He has to rule on the case that Plaintiff brings. The Schindlers' attorney brought him the one plea that was guaranteed to lose -- a request for a procedural review of what Greer had done.

My understanding is that this has since been corrected in an amended plea, the one that is before Whittemore now. If it actually requests a new trial on the facts, and includes enough evidence (doctors' affidavits, etc.) to convince the judge that the case won't be a slam dunk for Michael Schiavo, he will issue the injunction to re-insert the feeding tube and order a new de novo trial.

But it all depends on whether the Schindlers' attorney got his head out of his butt. From the comments in this story, it doesn't sound like it. But maybe someone competent got in there and wrote the complaint for him. We can hope.

I agree it would be nice to have all issues heard de novo. I believe the current problem is that only the federal issues can be heard de novo in front of this district judge.

I am afraid that the judge is not considering how to use the law to do the right thing, rather it seems he is bent on a technical analysis which given the Findings of Greer make Terri's case very difficult to prevail.

Nick Danger wrote: " the Schindlers' attorney based his entire plea on procedural errors by Greer, not on disputed facts."

I agree. From the ruling of other courts, it doesn't appear Greer violated procedure. As I understand it, even if Wittemore wanted to do the "right" thing, he couldn't make the petitioners' case for them.

With all due respect to the Schindlers' attorney, he probably had a lot more thrown into his lap on short notice than he was prepared for. Hopefully there is still a chance for Terri, as I can't help but think one of these judges is looking for any opportunity to stop the madness.

As soon as I read the opinions from this week, I immediately thought that the court system was passing the buck based on inadequate filings.

Boies outlined the appropriate claim so well tonight.

I don't think I'll ever change my mind that, in this epic tragedy, better lawyering would have made the difference. My confidence in both the executive and legislative branches has waned, but my confidence in the judiciary has gone kaput.

Gaming Terri's life by refusing to assume jurisdiction over inadequate filings is something I sincerely doubt would occur if AbuinGitmo's life were at stake.

Everybody has a black eye - all three branches of government, Terri's counsel, Michael Schiavo, her parents (courtesy of Ed Koch) - and in the end Terri dies.