Posted by Orin Kerr:
On to the Supreme Court:
The en banc Eleventh Circuit has [1]declined to review last night's
panel decision in the Schiavo case by a vote of 10-2, meaning that the
next stage is to file a petition with Justice Kennedy (the Circuit
Justice for the Eleventh Circuit) asking the Supreme Court to
intervene. Justice Kennedy will refer any filed petitions and motions
to the entire Court, which is the usual practice in all but routine
petitions. It seems extremely likely to me that the Court will simply
deny any petitions or motions in this case without comment.
The interesting question is, what happens after the Supreme Court
declines to intervene? [2]This post by Marty Lederman suggests that we
might be in for another round of federal court decisions; the
plaintiffs have amended their complaint to add a few more claims, and
it looks like the cycle of appeals and petitions will continue.
References
1. http://www.scotusblog.com/movabletype/archives/schiavo.enbanc.denial.pdf
2.
http://www.scotusblog.com/movabletype/archives/2005/03/further_updates.html
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