"After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
It seems to me that Congress is giving the Court the leeway to determine the merits of the suit. And I suspect that it couldn't be otherwise. Congress cannot simply order a Court to issue a particular ruling.
Putting the tube back in was the obvious "declaratory and injunctive relief. . .necessary to protect the rights of Theresa Marie Schiavo." It really doesn't take a Scalia or Bork to figure that one out.
And Congress didn't do that. They set a standard to be followed for issuing injunctive relief in this case. Now, if you want to argue that the standard fores the judge's hand, I won't disagree with you but obviously Whittemore didn't see it that way.