This is big. It means that the Court is entertaining the idea that maybe they were wrong. One of the judges who voted for the prior denial of the injunction must be having second thoughts. (Maybe seeing Nat Hentoff, Jesse Jackson, David Bois, Lanny Davis, Ralph Nader and other prominent liberals condemning their actions may have told them this isn't just a right wing nut case situation). I just hope they think fast, 'cause Terri doesn't have a lot of time.
It was grand of them to wait 12 DAYS! From the beginning, it made no sense to start starving this woman before ALL appeals were exhausted.
Judge Greer will put an injunction on them preventing them from rehearing it.
After all, he can do that to a governor who also outranks him.
Is this the court that voted 2-1 before?
Res judicata operates when the question involves the same core of operative fact, a final judgment on the merits, and the same parties (or parties in privity) as claimants. All three elements would be met here. Similarly, collateral estoppel precludes the issue from being brought up again if the issue was already litigated (check), actually determined (check) in a valid, final judgment (check) that was essential to the judgment (check).
Why do the Schindlers get endless appeals on the same issues? The courts already claimed their case was without merit.