But that's on a different, prior issue - a habeus corpus petition. What I want to know is whether - given the district judge's refusal to rule on the emergency request for food reinstatement while the merits are considered -- the 11th circuit could be petitioned on that limited matter (food and water), without a decision on that issue from the district court. The district court can put the plaintiffs in limbo by simply refusing to issue a ruling - -- - can they break out of this limbo with an emergency petition of some sort to the appeals court?
"But that's on a different, prior issue - a habeus corpus petition. What I want to know is whether - given the district judge's refusal to rule on the emergency request for food reinstatement while the merits are considered -- the 11th circuit could be petitioned on that limited matter (food and water), without a decision on that issue from the district court. The district court can put the plaintiffs in limbo by simply refusing to issue a ruling - -- - can they break out of this limbo with an emergency petition of some sort to the appeals court?"
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Appeal to 11th is from both denial of injunction and petition for writ of habeas corpus. As for whether they can petition 11th w/o a dist. ct. decision, my short answer is I'm not sure but since they are already asking the 11th for a restoration of food and water, it seems like it would be redundant. I do know that if the dist. ct. were to decide against Terri and she were still alive, they could appeal and simultaneously seek a stay of imposition of the judgment [i.e., the order to kill her]. That stay request would have to be made first to the dist. ct. judge and then upon his rote denial to the 11th. But then you're up at the 11th with two requests for the same relief. It's truly dizzying. Must make Gibbs so made he can't spit. I think he's doing a fine job under the circumstances.