[Nick Danger]

Congress did not give the Schindlers the right to a new trial.

Yes, they did. Read the legislation.

Do you realize how long it would take to plan, schedule and conduct a trial?

Hence the plea for an emergency order putting the tube back in. But to get such an order, the judge has to believe that you have at least a chance of winning your case. Given the way the Schindlers' attorney pled the case, he had no chance. The attorney turned what should have been a time-consuming totally new trial into a lickety-split denied appeal, just by being unbelievably stupid. Terri Schiavo could die because of this. I am so mad I could spit. This is not a reason for someone to die.

[general_re]

Hence the plea for an emergency order putting the tube back in. But to get such an order, the judge has to believe that you have at least a chance of winning your case.

The problem is, they had no real choice but to go on the record as established in the state courts. "Give us more time to gather new evidence" is not an argument that shows a substantial likelihood of prevailing on the merits, but without the state court proceedings, that's about all they had to work with. And that will never buy you an injunction in any court in the land.

[ContraryMary]

Given the time that he had, I'm not sure Gibbs could have argued his case any differently. It was time and circumstance that dictated the outcome.