[Randjuke]

There ia a discussion of this here: http://www.azcentral.com/arizonarepublic/opinions/articles/0329robb30.html . You may have to register though. I tried to post it the other day but they won't let FR post their articles apparently.

This was the pertinent part:

Basically, the court weighs where the balance of the harm falls. District Judge James Whittemore found that the weight of the harm fell overwhelmingly in favor of ordering that the tube be reinserted. Without it, Schiavo would die.

But the rules also require a finding that the party asking for the order would likely prevail on the legal issues. And that, given the actual scope of the review Congress directed, was the problem.

[hobbes1]

You have to read Whittemores decision to actually appreciate what an underhanded pr!ck he is. it is posted a bit back on this thread.