BREAKING NEWS ~ Federal appeals court denies full Schiavo rehearing

[JURIST] AP is reporting that the US Eleventh Circuit Court of Appeals has denied a request from the parents of Terri Schiavo [JURIST news archive] for an expedited rehearing en banc of their case, which a three-judge panel turned back early this morning. The only legal recourse left for the Schindlers at this stage now appears to be an appeal to the United State Supreme Court via Justice Kennedy, the Justice responsible for emergency appeals from the Eleventh Circuit.

3:36 PM ET - The appeals court has now posted its ruling [text]. Two circuit judges dissented from the refusal - Judge Wilson, who was the lone dissenter on original three-judge panel, and Judge Tjoflat, who did not take take a stand on the Schiavo situation as such, but rather argued that the appeals court had jurisdiction in the case under the All Writs Act and would lose it if an injunction were not issued.

8:07 PM ET - House Republican leaders Wednesday filed a motion for leave to file as an interested party in the en banc proceedings; their motion brief [PDF] is now available online from the House Judiciary Committee.

 

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