An emergency filing to the high court that seeks to reinsert Schiavo's feeding tube while the case is litigated would go first to Justice Anthony Kennedy, a Reagan appointee who oversees such appeals out of the Atlanta-based 11th U.S. Circuit Court of Appeals.
Kennedy, who has staked a moderate position on social issues, would have the option to act on the petition alone, although on previous emergency requests involving Schiavo he has referred the matter to the full nine-member court.
Kennedy has gone native. He will be no help for Terri Schiavo.