HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Wednesday, March 30, 2005

11th Circuit Grants Schindlers' Last-Minute Bid

Last night, the 11th Circuit Court of Appeals granted the request of the parents of Terri Schiavo to be allowed to file a motion for en banc reconsideration out of time.  The Schindlers are arguing that District Judge Whittemore's review of the Florida decisions should have included a substantive review of the evidence, not just a procedural review.  Granting the request for leave to file is a relatively modest step by the court and certainly no indication of any willingness to grant reconsideration en banc, but it does give the Schindlers one last chance to obtain the relief they've been denied by every state and federal court they've petitioned.  The AP story on this development (courtesy of the San Francisco Chronicle) indicates that has been no ruling from the appeals court on the Schindlers' request for an order to reinsert Terri's feeding tube while their request for en banc reconsideration is pending.  [tm]

| Permalink