UPDATE: Appeals Court Asked to Reconsider Terri's Case - Focus Also on Florida
I want you to know that we have filed an appeal with the full panel of the U.S. Court of Appeals for the Eleventh Circuit in Atlanta asking the full court to rehear the 2-1 decision by its three judge panel rejecting Terri's appeal. The full panel of the appeals court consists of 12 judges and a simple majority could result in getting Terri's feeding tube reinserted. I expect to hear in a matter of hours what the court plans to do with the issue. If they uphold the three judge panel decision, I expect a quick appeal to the Supreme Court of the United States, where Justice Kennedy will get a request to intervene. He can either act alone and grant it or deny it or refer it to the full court. If the Supreme Court appeal is necessary, I expect Justice Kennedy to have the full court weigh in on this issue. I have always said an appeal to the Supreme Court is an uphill battle. That remains true in the Terri Schiavo case.
At the same time, we are just minutes away from a critical vote in the Florida Senate where legislation can be approved clearing the way for Governor Bush to act to save Terri. I know the battle continues to get the votes necessary to pass the legislation and we are notifying leadership there that more than 50,000 people have signed our petition urging that the Florida legislature and Governor step in on behalf of Terri.
There are likely to be numerous developments this afternoon. I will keep you posted though the website and entries into my trial notebook.