[antiRepublicrat]

as is the defiance of Whittemore and the appelate system to enforce the clear intent of the law passed by congress and signed by President Bush.

Whittemore addressed intent in his rulings. But if you mean the intent was to force a judge to deliver a specific decision, I'd say that intent is blatantly unconstitutional. That's why the text of the law didn't force Whittemore's decision.

[MortMan]

The intent of the law was to spur a de novo review of the facts as well as the law in the case. Whittemore reviewed the data from the state court, but could not have a de novo review of the facts in the limited amount of time he took.

To be fair, I have seen it cited on this board that he did what he should do given the pleading submitted to his court. I am an engineer, not a lawyer, so I must plead ignorance on this specific facet of the issue.