Expect the 11th Circuit to order the feeding tube reinserted in Sciavo.

[MikeG]

They are right-wingers.

[Jersey Devil]

1. Yes, but they also judges who have been attacked by congress

The federal courts have previously rejected appeals in the Schiavo case, all the way to SCOTUS. What makes you think they will be happy to have congress say to them, in effect, "We don't like the first result. Do it over again"?

Also, remember that the 11th Circuit refused to stop the vote counting in the 2000 presidential election.

[MikeG]

2. They are more predisposed to continue the status quo.

[Jersey Devil]

4. Hmm? The "status quo" is no feeding/fluid tubes

Are you reversing what you originally said about it being a right wing court?

[sonicx]

11. i think before they denied the appeal because it was a state issue...

Now congress made it a federal one, so accepting the appeal is more likely.

[Jacobin]

5. 11th Circuit is full of wingnuts, but

This case is sooooo clear cut in terms of what the law is, and has been decided sooooo many times, that they would be encouraging the wrath of anyone with half a brain in the legal community if they step in this political pile of shit. Besides, they aren't installing a dictator like SCOTUS did in 2000, these judges don't have much to gain by having a panel of three of them pass it on up the line to the Felonious Five.

[Walt Starr]

3. Plus they have ruled several times in this case already

Every time they ruled against the Schwindlers.

[Jersey Devil]

7. I think it would rub against any judge's common sense to tell him

he must totally ignore a judicial process that has gone on for 7 years with numerous appeals and carefully crafted decisions that go all the way from the state trial court to the supreme court of the US.

I don't think it makes a damned bit of difference if the judge is conservative or liberal.

[goodhue]

6. I don't think they will.

Even though they are right wingers, they will likely follow the law which is pretty well settled, despite recent congressional foray.

[Jersey Devil]

10. I agree

When the administration of justice, the courts themselves are attacked, they will circle the wagons and protect the integrity of the judicial system.

[Tempest]

8. The Florida federal judge was also conservative

He has a list of conservative decisions.

www.talkleft.com has a list of them.

[sonicx]

9. Yup, AND the fed. judge that ruled today was a Republican

[Tempest]

19. Same judge as I'm talking about

The earlier judge was a state judge.

[GumboYaYa]

12. The legal standard for a TRO will be almost impossible to meet.

As everyone seems to know these days there are two requirements for the TRO, an ireparable harm from not acting and substantial likeliehood on the merits if the TRO is granted. Given that the merits of the case have been tried ad nauseum at the state level already and the Schindlers lost then, it is almost impossible to argue that there is a substantial likeliehood of success if the case is retried. TRO is an extraordinary remedy under the law and is not granted easily. No matter how conservative the judges are, I will be shocked if they overturn the district court on this one, but I have been shocked before by court decisions.

[MikeG]

16. If they are a Republican, watch that second standard dissolve.

Remember the Supreme Court issued a stay in Bush v. Gore on flimsy grounds.

[Jersey Devil]

17. but the 11th circuit denied a stay in Bush v Gore, or have you forgotten?

Without dissent I might add.

Correction - sitting en banc, the court denied a stay 7-2

[Walt Starr]

13. The appeal was filed more than five and a half hours ago

Emergency orders to reinsert tubes don't take that long.

Methinks you are wrong.

[MikeG]

15. I have a little experience with stay orders.

They can take as long as they want.

[Jersey Devil]

18. Some of us can say the same

but if 2 of 3 judges want her hooked back up so she doesn't "die" before they announce their ruling, don't you think they'd try to get it done a bit faster?

[onenote]

14. the 11th circuit has a mix of judges

http://www.ca11.uscourts.gov/about/judges.php

There are 12 "active" judges, seven appointed by Repubs, Five by
Dems: one Dubya appointee (the infamous Judge Pryor who is sitting courtesy of a recess appointment), 3 Bushpoppa appointees, one Ford, one Reagan, 4 Clinton and one Carter.

There also are six "senior status" judges: one Bushpoppa appointee, one Carter, two Ford, one Nixon, and one LBJ (a little reminder that life tenure can be for a loooong time).

Not sure how they assign panels. They are the "busiest" federal appellate court in terms of number of cases filed and decided by 3-judge panels (the typical number hearing an appeal in federal court).

onenote

[no_hypocrisy]

20. If they overrule the district court, that's JUDICIAL ACTIVISM as

the Court of Appeals will have purposely ignored legal precedent and manufactured new law without any authority or foundation.