All of Congress are fools, but only the judge is wise? Make that judges.
Well, you're right in sync with the rest of the country. Law is what judges say, not what legislatures write. That's what they believe.
I have news for you. The so-called "law" about the standards for a TRO is actually equity. It was invented by judges back in England in order to temper the harshness of courts of law.
They had the power to enjoin the legal process in certain circumstances, but they were reluctant to do so unless they were pretty sure that they were doing the right thing. So they came up with a subjective sliding scale -- the more grave the potential harm, the more compelling the reason to grant the TRO, and the less weight is placed on the need to show the likelihood that the movant would prevail.
Judge-made law for the benefit of the litigants, mercy to temper the harshness of law.
In fact, the Federal Code gives judges the power to grant a TRO in order to prevent irreparable injury without even notice to the other side, if the irreparable injury would be grave enough.
We have no idea whatsoever whether Terri would have prevailed in a trial de novo, but now it's moot. The right to a new trial died when she died.
So much for mercy. So much for equity. So much for even following the law.
And while we're on the subject of the wisdom of legislators here, I've been over it and over it, but I just can't find the part of Article I that makes probate matters subject to congressional jurisdiction. Perhaps I've got a misprinted copy here or something - maybe you can point it out to me.