[Williams]

The federal judge will take the case, I believe that's the effect of the legislation. The parents can take the case to federal court. But will the federal judge order the tube back in?

Without reviewing all the factors that go into whether a judge issues a temporary restraining order, one is the likelihood of success on the merits. In other words, the judge needs to find that the Schiavos are likely to win in the end. A federal judge could decide the Florida decisions appear correct and that the Schiavos are unlikely to win.

You would think that any judge would restore food while he/she looks this over because the harm to Terri in the meantime can be death, but it depends on the judge.

[BCrago66]

Even before the judge considers success on the merits, as an element to get a preliminary injunction, the court should grant a temporary injunction to re-insert the tube while it is deliberating whether to grant a preliminary injunction.

[CyberAnt]

I do believe that is part of the Bill - she is considered part of the evidence of the case and therefore has to be preserved while the review is going on.