If I read right, they are only moving to have the FSC request for a full injunction quashed. From where I sit, it is very unlikely that the courts would allow such a questionable "bending" of the law be enforced while a significant challenge that could go all the way to the supreme court is pending.
There is also the previous "reno vs " case where the DoJ got it's hands slapped for having the gall to try to re-write legislation rather than just running with the rules as passed by the house and senate and signed by the President of the day. It is likely this is why Hatch and his cronies are so actively trying to pass new legislation to clean up the 2257 rules, considering it very likely that the DoJ's "rule clairifcations" will get tossed with last week's coffee.
Alex
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