Yes. He is now asking a higher court to remove Baird. This doesn't surprise me at all for Baird to do what he is doing. Baird is "Greering" the case. Time to FReep Baird AGAIN!
Still pending, I think. He can file a new motion making new allegations of bias, though.
I do not think the Constituional question can be decided on summary judgement. See page 10 of Bush's repsonse of Nov. 19. Other Constitional challenge precedents are cited; one in which the parties waived an evidentiary hearing was found to leave a record insufficient to determine whether a consitutional attack could be sustained. In other words, it's impossible to decide whether Terri's Law is Constituional without determining the facts of the case. That cannot be waived even when parties agree to waive it.
In another case, Constitutional challenges were found to be a mixture of "law and fact" meaning that it is not simply a question of "Did Greer follow the law?" but also, "Is the law justly applied to the circumstances of Terri Schiavo?"
In other words, the Estelle Browning case, she left two living wills specifying she wanted to have her feeding tube removed. Terri Schiavo did not. Browning was not meant to put people to death when their wish is not clear and families disagree. FL legislature closed a loophole in law. Tough
$#@$ for HINO.