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my understanding from the text of the law is that Congress itself required a de novo review.

Yes, but isn't it true that the judge can only rule on the case brought by Plaintiff? If the Plaintiff himself bases his plea on errors by Greer in the state proceedings, where does that leave the federal judge?

Have you read Whittemore's decision? He knows he's supposed to do a de novo review of the facts, but that isn't the case Plaintiff brought. The Plaintiff brought an appeal, based on alleged procedural errors by Greer. He left Whittemore no choice but to rule as he did.

Please look at this. You might be in a position to help. I'm not even a lawyer. To me it looks like the Schindlers' attorney totally missed the significance of having an opportunity to have the "findings of fact" re-visited. That is the key to saving Terri's life. So long as Greer's "finding of fact" that Terri is PVS stands, there is no chance. But there are enough doctors saying she isn't PVS to cast doubt on that "fact," and that's the only way to get her out of that hospice alive.

You are right that the family's attorney may have blown the case now. They already blew the case seven years ago, when they did not file a "next friend" divorce action.

Even if we are both right, there is no chance for another lawyer, even if he were not an unknown in the middle of nowhere, to change the case that now exists, for the better. Assume a different lawyer with a different theory, starting right now.

That would have to start in the District Court. Because of the prior case, a new trial court would probably say no, as would a new panel of the 11th Circuit, and then Terri would die before the Supreme Court heard the case.

Terri Schaivo has only one realistic option now. The whole 11th Circuit must decide to take the case, and must reverse the trial court. I don't see the Supreme Court taking the case. Press reports on that option are, as usual, incorrect. Although it would be presented to Justice Kennedy for a single-judge decision, he would then refer the matter to all other Justices to dissent or concur.

There may be additional litigation, even after Terri Schaivo dies, but the 11th Circuit en banc possibility is her last chance for life.

John / Billybob