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I read Birch's opinion. He argues that the law passed by Congress is unconstitutional, and that therefore the federal courts have no jurisdiction in this matter.
He argues the point at some length, finally concluding — if I may paraphrase — that developed procedure must be maintained even if innocents must die.
Say this for Birch: at least he had the courage to put in writing what the rest of them have been doing.

Indeed this is a key point in understanding why Judge Birch's opinion reveals how the judicial process can end up violating an individual's Constitutional right to due process and killing a totally innocent person like Terri Sciavo without benefit of a trial.

Birch himself has stated that "I would describe my 'judicial philosophy' as one centered on common sense and stare decisis (and when the two diverge, stare decisis with criticism)."

Now stare decisis is a principal of law that essentially makes Judges almost on par with God Almighty in rendering decisions. Once a judge like Greer makes a ruling in his Pinellas County probate court, his ruling--no matter how illogical, biased or flat-out wrong--Greer's ruling becomes instantly and deeply engraved in stone--very much like the tablets brought down from the mountain by Moses.

All subsequent jurists' investigations a case like Terri's death verdict assume without question that every single one of the multitude of judgements and rulings made by Greer are absolutely valid, correct and have now entered into a region of truth just short of Divine Law. This is stare decisis in action

No wonder Greer has a bevy of other judges letting his decision to kill Terri go unchallenged--Greer's procedures look OK. Greer's actual judgements that lie draped by those procedures like a sheet-covered cadaver in a morgue cannot be examined--or can be examined only in a de novo review.

Congress passed a law requiring a de novo review of Terri's case, but the arrogant legal club in Florida and in the Federal Judiciary gave the royal finger to the U.S.Congress.

Judge Birch likes to rest his ample butt comforably on stare decisis and, by so doing, he risks the life of many American citizens--especially those in the euthansia-haunted hallways of the Florida probate system.

For shame, Judge Birch. Ponder the conclusion of someone who has taken a careful critical look at the dangers of relying too easily on the principal of stare decisis:

"To treat precedents as superior to constitutional enactments is to introduce contradictions into the law, and in any system of logical propositions, acceptance of a single contradiction accepts all contradictions, rendering every proposition logically undecidable. Contrary to the view of some judges, the law must be logical, or it is not law.

"Stare decisis is the way judges seek the safety of the herd. We need to demand they exhibit more courage, and return to fundamental principles, resorting to stare decisis only when the positions lie on the fuzzy boundary of the region of legitimacy.

[Emphasis added]

How stare decisis Subverts the Law

You said... "Stare decisis is the way judges seek the safety of the herd. We need to demand they exhibit more courage, and return to fundamental principles, resorting to stare decisis only when the positions lie on the fuzzy boundary of the region of legitimacy."

BINGO

Combine this doctrine with the precedent established over the last ten years or so...namely to decide life and death matters for terminal and disabled persons within the protocols and due process of a civil...rather than a criminal court...where the burden of proof is much higher...and what have you got?

A legal SNAFU...a Catch 22...a glitch...whatever you want to call it.

This is the point I keep trying to make..albeit unsuccessfully on these threads. This is what the legal system cannot fess up to at this point.

I'm willing to bet that there have been other somewhat similar cases to Terri already...but they have not received the media attention this one has.

One reason why Terri particularly stands out IMO is that, in this particular case....from the evidence I have read...there appears to also have been a venue established for illegal profit...and perhaps murder...the opportunity for the perfect...legally sanctioned crime. And of course Terris family and friends are fighting hard because of that.

Its a bit chilling if you think of it that way.

Congress passed a law requiring a de novo review of Terri's case, but the arrogant legal club in Florida and in the Federal Judiciary gave the royal finger to the U.S.Congress.

I do not believe that is a fair criticism. Let me quote from Judge Whittemore's decision in the Schindlers' first plea to the federal courts:

Get it? It's not that the judge is ignoring Congress' intent, it's that the Schindlers' idiot attorneys based all their claims on due process violations by Greer. The Schindlers' lawyers — not the judge — dragged the state court case into what had been their opportunity for a de novo hearing on whether Terri Schiavo's rights were being violated.

The judge can't adjudicate claims that the Plaintiff doesn't bring. The Schindlers' attorneys screwed this up six ways from Sunday by treating their opportunity before the federal courts as an appeal, rather than as a new case.

Whittemore is even telegraphing what to do to fix this:

Plaintiffs have an opportunity to litigate any deprivation of Theresa Schiavo's federal rights.

Instead of taking the hint, the Schindlers' attorneys took this same failed plea through two rounds of appeal, wasting valuable time while Terri was starving.

When they finally came back with some "federal" claims not based on anything Greer had done, they were lame ones based on the Americans with Disabilities Act, etc.

I am upset that none of these judges stopped to think that a woman was dying because her parents' lawyers were idiots, but it is not true to say they ignored Congress' intent. Plaintiff's lawyers ignored Congress' intent, and the opportunity that had been given them to save Terri Schiavo's life.

There is massive bungling by the attorneys here, and a woman is going to die because of it.