The 2-1 opinion is here, via How Appealing. The majority opinion ends with a bit of a lesson to the American public (and Congress) about the rule of law:
There is no denying the absolute tragedy that has befallen Mrs. Schiavo. We all have our own family, our own loved ones, and our own children. However, we are called upon to make a collective, objective decision concerning a question of law. In the end, and no matter how much we wish Mrs. Schiavo had never suffered such a horrible accident, we are a nation of laws, and if we are to continue to be so, the pre-existing and well-established federal law governing injunctions as well as Pub. L. No. 109-3 must be applied to her case. While the position of our dissenting colleague has emotional appeal, we as judges must decide this case on the law.
Judge Wilson dissented, essentially on equitable grounds: Schiavo will die absent immediate relief, he reasoned, and Congress seems to have wanted the federal courts to keep her alive until there was a more substantial hearing. Notably, however, Judge Wilson avoided explaining why the case presented the required substantial likelihood of success on the merits. On this point, he offered the conclusory view that “[t]he merits of Plaintiffs’ substantial claims warrant a more complete review. I do not mean to suggest that Plaintiffs will definitely prevail on the merits, but merely that she has presented a sufficient case on the merits.”
The case will now go up to the Supreme Court, I assume. The chance that the Supreme Court will agree to hear the case or otherwise intervene is very close to zero.
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