I beleieve what happened, is that this Federal Court Judge (Clinton Appointed) ignored Congress and only ruled on the legality of the initial case. Congress passed a bill requiring an entirely new trial, not just a review of the case
There has been some terrible lawyering this week. But I can't fault the Schlinders' attorneys for it. The intent of the Palm Sunday compromise was to slow the process down. It has only exacerbated the legal process that will now culminate with Terri Schiavo's death. They have been on the clock since last Friday and are doing yeoman's work but it does not lend itself to fashioning the best legal arguments.
Congress's law provides no standards for granting injunctive relief. They could have given some guidance but didn't. Therefore, the federal standards in place are to guide the judge. One of the prongs of the four prong test is a substantial likelihood of success on the merits. The Schinlders raised three claims all dealing with procedural due process. I am sorry to say none would have been meriroious on a de novo review.
The best argument that by finding on flimsy evidence that Terri Schiavo has expressed a desire for lack of life support, Greer has denied her substantive due process right to life under the 14th amendment. This was not done and Whittemore cannot rule on arguments not before him.
Further, the Schindler's never asked for relief under the All Writs Act which was tailor made for this situation. Since that issue was not before him, Whittemore didn't abuse his discretion. These arguments were raised in the 11th Cicurit and they should have recognized Congress's intent and fashioned a remedy in equity but I can't blame them for not doing so.