that is really the point. The legislation was not meant to have a specific outcome, other than a new hearing. The Law is clear on that point, made further clear by the Brief submitted by the Congressional Leadership, but some here seem to think that because the judges they generally abhor for activism, arent practicing it here, because they agree with the end result.
I'm not a judge and I'm not a lawyer. Judicial activism? Personally, no I don't think so. More probably bad lawyering on the behalf of the Schindler's attorney.
Congress did not demand injunctive relief for Terri, and would have been in Constitutional Purgatory if they had. Three levels of Federal court ruled against the Schindlers, and I don't believe that was a conspiracy. There must have been something lacking in the case they presented.