I'm convinced that the conservative brouhaha over the federal courts' Schiavo decisions and their new utility in the "judicial activism" argument reflect a willful ignorance to what actually occurred. In order for the Federal courts to hear the case, Congress had to mandate the courts to consider whether or not any of Mrs. Schiavo's constitutional rights had been violated. By inserting the "de novo" clause, they were, of course, hoping that the judges would be foolish enough to open up the whole can of worms and insert the feeding tube while a lengthy drama played itself out.
However, in order to fulfill the law, the judges needed to do no such thing. They only had to rule whether or not the Schindlers had evident cause to warrant such a trial - they had to convincingly show that there was a question of whether or not the state courts had adequately protected their daughter's rights. So far, the courts have decided there is no case to be had: The state courts acted in all diligence and with regard for Mrs. Schiavo's rights.
The question before the federal judges NEVER WAS whether or not the doctor's are right or wrong, and so none of the hearings the Right is clamoring for were mandated or necessary. Mrs. Schiavo's possibilities for recovery are not at issue.
Feel free to use this on any Righties who try to say otherwise.
-Jim