[Nick Danger]

If Schindler's lawyers based their claims on due process violations by Greer, isn't Whittemore's "suggestion" that they "have an opportunity to litigate any deprivation of Theresa Schiavo's federal rights[due process] a weird redundancy?

I don't think so. I read that as Whittemore trying to wave them off from this approach of trying to find procedural errors in the trial court record. That record, after all, had already been appealed several times to no effect. Greer is a careful guy. He apparently made no procedural errors.

What Whittemore is asking for is something like, "Theresa Marie Schiavo is being denied food and water by her husband, who claims that she is in a persistent vegetative state. There is substantial doubt about this diagnosis, as attested to in the enclosed 33 affidavits from medical professionals. Please re-insert the feeding tube while we litigate this."

[ironman]

"What Whittemore is asking for is something like, "Theresa Marie Schiavo is being denied food and water by her husband, who claims that she is in a persistent vegetative state. There is substantial doubt about this diagnosis, as attested to in the enclosed 33 affidavits from medical professionals."

I've been going back over what would have worked. In what you suggested, did Michael ever actually claim she was PVS. The doctors did. He's not violating her Right-to-Life because she PVS. Would something like this have worked:

"Theresa Marie Schiavo is being denied her Right-to-Life buy a private citizen, Michael Shiavo, by denying her food and water. Earlier today (plaintiff Bobby Schindler) physically prevented me from providing her water."

Straight up new case. Michael Shiavo is not a State actor. I think this squares better with the Terri's Law, which said something about "irrespective of previous state rulings." So it could not have simply been blown off by him claiming he was just following orders.

I would have also tried something about denying her right to pursuit of happyness.