What if the 11th Circuit Court overturns the previous decisions...

[Emboldened Chimp]

Can Mr. Shiavo appeal the decision and which court will take the case?

[rzemanfl]

1. I think if they were going to reverse, they'd have done it by

now rather than let her continue to dehydrate. They are probably busy writing a well-reasoned "no."

[Jersey Devil]

2. The only issue before them is the TRO

Should the tubes be resinserted pending trial or not? They are not going to rule on anything else.

[saracat]

3. It would have to go to the Supreme Court. But they are not going to

overturn this verdict anymore than the previous judges did. And if the parents try to go to SCOTUS, it is unlikely they will hear the case. They have turned it down twicw. Scalia and Renquist have issued proir rulings on similar cases and will NOT reverse themselves. Scalia came out against the parents case yeasterday. This is just not going to happen. Bye Bye Terri. Actually , goodbye was fifteen years ago!

[Red_Viking]

4. Since they're left with the constitutional issues...

If the Eleventh Circuit overturns the state court ruling, the next stop is the Supremes. That would be interesting, from a jurisprudential standpoint. The Court is stocked with supposed supporters of Federalism. Would they even hear the case? Who knows; but if the appeals court overturns the state court on due process grounds, they may be inclined to step in. It would be nice if they struck a blow for states' rights. However, that might be dangerous considering they have the Oregon Death With Dignity case coming up. The Shiavo case might make the Oregon case moot if the Court tells the feds to stay out of states' business here.

And, the circus continues. Sigh. Can't that poor woman just be at peace?

RV

[goodboy]

5. They'll never do it...never in a million years...*nt*

[goodhue]

6. They won't, but if they did . . .

He could either appeal to full circuit en banc, or try going straight to supremes. But right of appeal is not automatic, appeal could be turned down.

[roguevalley]

7. it already went to the Supreme Court and Kennedy, who could

have ruled alone, put it before all of them, a very unusual and rare move. They turned it down. this is just one more circular route to the inevitable. No new information is being put forward. The courts will uphold. WHat else can they do?