The 40 judges you cite reviewed part of the process governing how the original case could be handled on appeal and they found that all OK. Only one hearing of fact was ever held as far as anyone knows.
Not exactly. The 2d CA was very involved and in fact delayed the removal of the tube and ordered a 5 doctor review of Terri's prognosis in 2001. On another occasion the 2d CA ruled against Greer in his denial of new evidence. And it was the chief judge, I believe that ordered a guardian ad litem to prepare a report, which as we know was not favorable to the Schindler's motions. So I believe that the CA was quite involved throught the past 4 years at least.