[Spunky]

Failure to provide a de novo review despite a statutory mandate to do so.

I was listening to Rush this morning and learned that one of the things the congress changed in order to get their bill through was to change the wording. They did not mandate a de novo, because some congress critters were afraid of a mandate. They just asked the judges to take another look from the beginning.

[Poohbah]

The biggest problem was that Gibbs (the Schindlers' attorney) refused to file this as a de novo case.

In short, he f***ed up his one opportunity to undo his previous f***-ups.

[Cboldt]

I was listening to Rush this morning and learned that one of the things the congress changed in order to get their bill through was to change the wording. They did not mandate a de novo, because some congress critters were afraid of a mandate. They just asked the judges to take another look from the beginning.

Have you read the statute?

[romanesq]

I believe this was the inherent weakness in the legislation for Terri.
And it let the Federal courts off the hook. They took it and washed their hands of Terri.