The problem with the Wilson dissent is that it never explains how Terri Schiavo’s parents have any likelihood of success on the merits, let alone a substantial one. That’s the relevant legal standard for a TRO. Indeed, the WIlson opinion seems to concede that even were a temporary writ restoring food and hydration granted, the ultimate outcome would be the same. Orin Kerr has similar thoughts here.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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