Of course, one reason there may have been only two public dissenters on the Eleventh Circuit is that the legal claim (as opposed to the moral claim) is particularly weak. Even Judge Tjoflat’s opinion is focused exclusively on whether a writ should issue to keep Terri Schiavo alive so as to allow for additional proceedings in federal court. To date, not a single federal judge has even hinted that there is much merit to the legal claims at issue. Faced with that reality, and the fairly unprecedented nature of the legislation at issue, it would not surprise me that many judges would take a pass.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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