[sinkspur]

The fact is the US CONGRESS mandated a De Novo hearing in a Federal Court, and Greer, Whittemore, and the Other two judges basically said, "We dont feel like it so we aren't doing it"

The Weldon law said "may", not "must", conduct a de novo review.

It left the decision up to the Federal Courts.

[hobbes1]

You should reall try actually reading the passed version of the Bill it says....*********************

Grants jurisdiction to the U.S. District Court for the Middle District of Florida to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo (Ms. Schiavo) for the alleged violation of any right of hers under the U.S. Constitution or laws relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Grants standing to any parent of Ms. Schiavo to bring a suit under this Act. Allows suit to be brought against any other person who: (1) was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life; or (2) may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.

Declares that in such a suit the District Court shall determine de novo any claim of a violation of any right of Ms. Schiavo's within the scope of this Act,notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. Directs the District Court to entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.

Declares that, notwithstanding any other time limitation, any suit or claim under this Act shall be timely if filed within 30 days after its date of enactment ********************************************

It was the expressed intent of the Congress that this case be heard, and in order to not hear it, the Judges merely refused to issue a stay of Greers death order, which runs counter to the express purpose of this legislation.

Congress expressly granted jurisdiction, granted standing to the Parents, and instructed that the suit SHALL be heard De Novo.

Shall means MUST, not MAY.