[AndrewC]

Guess what? That's a due process review.

Guess what? That is not a de novo due process review as Congress intended and the decision to deny an injunction admits.

Schiavo v. Schiavo, et al, Order Denying TRO

The Act does not address the traditional requirements for temporary injunctive relief. Accordingly, these standards control whether temporary injunctive relief is warranted, notwithstanding Congress' intent that the federal courts determine de novo the merits of Theresa Schiavo's claimed constitutional deprivations.

[general_re]

No, no, no. You're totally misreading that. An order denying the TRO is not the de novo review itself - it's just a preliminary to see if injunctive relief is warranted prior to the review. The act did not mandate relief - it could have, of course, but it didn't - and hence the courts fell back on the usual standards for injunctive relief, which the Schindlers couldn't possibly meet. Why, for heaven's sake, didn't Congress mandate relief so as to keep her alive for her due process review?