[supercat]

The de novo trial comes later. It appears that what Congress was expecting was that the Court would grant relief and then later -- probably after months of preparation -- there would be a lengthy trial. Congress did not anticipate that the judge would not grant relief based on the premise that the Schindlers would likely not prevail during the trial. I think Congress blew it.

If the trial is de novo, shouldn't Michael have to prove by clear and compelling evidence that Terri wants to die? And if it's de novo, he obviously hasn't done that yet. So how can the judge predict failure unless he knows he's going apply Rules of Terri #1/#2?

[ContraryMary]

It is up to the Gibbs as the plaintiff's attorney in this motion to show why there would be a likelihood of success on the merits. He did not do so. It has nothing to do with Greer.