Folks, it is what it is. Here is the PDF version, courtesy of RealClearPolitics. The judge's arguments are hard to dispute. His ruling was only regarding an emergency injunction requested by the Schindlers to reinsert the feeding tube until litigation is concluded. And while the judge agreed with just about all of their reasoning regarding the emergent nature of the injunction and the comparatively little inconvenience suffered by Michael Schiavo, he found that there was not a substantial likelihood of success for their claims.
This is where the judge's discretion comes in, and the way he argues it is fair enough. His defense of the proceedings before Judge Greer is devastating to the Schindler case. Having said that it is equally fair to find that at a new trial, there may be substantial evidence that Terri is conscious of her surroundings which would justify the re-insertion of the feeding tube until such matters could be determined.
But the judge found as he did. It's not good, and he's really unlikely to be overturned. And so I pray that Michael Schiavo is right that she cannot perceive what is going on with her body. Because he just may be getting his way.
My anonymous commenter may want to stay that way. The comment which was attached was attributed to the Memorandum Order from the U.S. District Court for the Middle District of Florida in the Schiavo case. I thoroughly read the document. You'll not find that language there. Actually, it is language from the state intermediate appellate court from last week. And to be really clear, I DO disagree with the rationale. Judge Greer ignored medical evidence that he didn't want to hear, and allowed George Felos, Michael Schiavo's attorney, wide latitude that he did not allow to the Schindlers, to the point that he produced critical witnesses to the case two days before the hearing. These were not surprise witnesses either. They were Mr. Schiavo's brother and sister-in-law. Surprise indeed. The Schindlers had no chance to depose them or to prepare for their cross. Judge Greer heard what he wanted to hear, and ruled as he wanted to rule.