[elwoodblues]

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There was a law passed that asked that this case be given de novo review and that didn't happen. So we have the judicial branch defying both the legislative and executive branches at both a state and federal level

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I don't want to get overly bogged down in an argument about the process, but let me just add to this.

The federal law specifically applicable to Terri was silent as to what the standard for a Temporary Injunction would be. The general standard for a Temporary Injunction is, partly, that the moving party has to establish a substantial likelihood of success on the merits of the case. Basically, this means that the court will temporarily require a party to do something so as to avoid irreparable harm where the moving party will likely win anyway.

The Schindler's moved for a Temporary Injunction. The court followed the law by applying the Temporary Injunction standards.

The De Novo review standard only comes into play when there is a full trial on the merits, not in a hearing on temporary relief.