Well, I agree for the most part, but in any "de novo" case which is filed for the first time, the judge has to decide likelihood of success if he is asked for an emergency injunction. The TRO is an extraordinary form of relief. I agree that the prudent thing under these extraordinary circumstances is to reinsert the tube. However, judges do not view matters as we do. IF the judge does not think the parents have a case, then he will feel he is doing greater harm by issuing an order to reinsert the tube.
I believe the judge has thought..thought about just how long Terri can last, and then thought with her dead he has no further problem.
Case over.