| Congress should impeach the Federal District Judge who failed to comply with the terms of the act. It says "shall" not "may".
This was a license for a new trial on the facts. But the Schindlers' lawyers never brought such a claim. Instead, they asked for, and got, The Same Old Review of whether Greer had violated Terri's due process rights. In this latest apeeal, they once again asked the court to review the "entire state court record." That is not what Congress intended, it was not the de novo hearing that Terri was entitled to under the Act, it was the third in a row of egregious blunders by the Schindlers' incompetent attorneys. Yes, Congress required the federal courts to review de novo any claim "by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life." See if you can find such a claim in any of the pleas filed with a federal court by the Schindlers' attorneys. They totally ignored the opportunity for a new trial on federal grounds, and as if they were working for Felos, persisted in their doofus failed attempts to get Greer's courtroom procedures reviewed. And because they are this stupid, Terri Schiavo will die. |
Keep going. It says, "shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act."