News on the Alabama execution stay from the Eleventh Circuit

The de facto execution moratorium and Alabama’s effort to disrupt this moratorium today has taken another twist, I think, based on this order from the full Eleventh Circuit in the Seibert case.  Here is the full text of the order:

A member of this court in active service having requested a poll on the Petition for Rehearing En Banc filed by the Defendants-Appellees on 25 October 2007, and a majority of the judges of this court in active service (available and not recused) having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc.

The opinion and stay entered by the panel on 24 October 2007 is hereby VACATED.  The en banc Court sua sponte hereby STAYS the execution of the Plaintiff-Appellant pending further en banc consideration of this case.

I think this means that Alabama cannot yet go forward with the defendant’s execution, but I think it also means that a fuller ruling will be coming soon from the full Eleventh Circuit.  Of course, whatever that Court does will likely get appealed by the loser to the Supreme Court.