[mewzilla]

But since this is now de novo (or however you put it), couldn't the SCOTUS hear it now?

[Dog]

No...this will go to the 11th first....like Bush v Gore. Unless an appeal is make to Justice Kennedy who handles this circuit.

[Catspaw]

It'll end up at the USSC, but they have to go through the 11th circuit first--and Gibbs will have to convince the 11th circuit to order the feeding tube restored.

btw, 26 hours for the case to be filed, have a hearing and render a decision is working at warp speed for the courts.

[Catspaw]

This is just a decision on whether the judge would grant a TRO. In order to do so, from what I've been able to gather, the Schindlers would have to prevail in the de novo hearing. The judge is saying that the Schindlers wouldn't prevail at a de novo hearing.

[Dave S]

But since this is now de novo (or however you put it), couldn't the SCOTUS hear it now?

SCOTUS doesnt hear evidence. They hear briefs on the law and decide constitutionality. Evidence (hearing on facts) is only done by the Federal District Courts. Appeals Courts and SCOTUS only deal with due process and constitutional type issues.