One would think that as deft as the Bush Administration usually is, the Bush team knows which judges are in the pool to get this case and knows how they will act on it. Otherwise, this vote tonight would just be setting up all of Terri's supporters for a possible heartbreaking reversal of fortune. I don't think the Bush team is clumsy enough to do that.
Don't be too sure; they were plenty clumsy enough to abridge the First Amendment. Of course, they may have done that on purpose; Big Government just hates opposition.