How can they decide Terri wouldn't win if they are basing it upon the facts as decided by Judge Greer? The whole point of the DE NOVO, was to start fresh from scratch.
It would seem that by directing a DE NOVO hearing, the reinsertion of the feeding tube is implied.
Per Sekulow on Sean's radion show, maybe Fridayish, an actual DE NOVO would actually take 2-3 months, so to me, the reinsertion would be a no-brainer. Perhaps that's why it didn't occur to the Senate to specify that.
That's what part of Congress was hoping. Unfortunately, in a circumstance where there's a dispute on an issue, and issuing an injunction would, in effect, decide the case for the petitioner (at least for the time being) the court has to be convinced the petitioner has a chance of winning at trial.
There's another option, under the "all writs act", and you can read the discussion of that in the dissent to the prior appeal to the 11th. The majority did not find that argument convincing.
The specific question of whether Congress was ordering the judge to issue a reinsertion order was raised during the debate in the Senate, and both sides agreed that it was not, in fact, doing so. I think the Republicans believed they were creating a box, and the Democrats correctly perceived that the box only had three sides. Whittemore found the fourth side.