He's not allowed to do that. The whole point of the law was to make Greer's findings NOT determinative. In assuming that the Schindlers would not prevail in a new federal venue, this judge has implied that he believes no other facts will help Terri. He's advocating for Greer, in effect. This is WRONG. His opinion should be quickly reversed. Of course, I am speaking as a layman, not a lawyer. Then you ought to go to law school because you nailed it. Of the four prong test for injunctive relief, the judge ruled that the Schindlers met three of the four prongs. The only prong not met and the basis for his reviewing the case was that the Schindlers did not have a substantial chance of winning on the merits.
However, the law passed by Congress states that de novo review of the Schindler's case shall take place in federal court. By refusing to grant the injunctive relief, Whittemore has essentially made sure a de novo review never takes place.
That's why DeLay et al were so sure this legislation would get the tube installed.
It just galls me that this judge took so long to issue his flawed ruling.
I hope and pray that the appeals court will overturn it quickly.
In the event of their failure to do so, I hope the President and the Attorney General are standing by to give Terri emergency "injunctive relief".
Are they not responsible for enforcing the laws of the United States?