Refusal to grant the injunction in these circumstances is reversible error. The refusal denies Terri a hearing on the merits. The substantial liklihood rule does not obtain here. It is ludicrous.
I am totally against this bill primarily because I disagree on principle with situational "non-precedent" policy du jour (judicial or legislative). If they have a constitutional authority to intervene and a moral imperative to do so, then the bill should've been universal (applying to all comparable scenarios).
So, I think this bill should be struck down, but during the interim, I think it's inexcusable that the judge would not rule to instantly ensure Terri Schiavo's well-being for the duration of the appeals process. If it were up to me I would've ruled immediately.
Hopefully this will be a short delay and the injunction will be forthcoming; I think the parents' lawyer should file with the 11th Circuit ASAP.