In an emergency hearing on Sunday morning the judge appeared to be inclined to block the injunction, noting: This was a unilateral decision with very little opportunity for the plaintiffs to be heard and the result, whether we're talking about November or tonight, is a fairly significant deprivation.

In a ruling late on Sunday, the judge agreed to a preliminary injunction blocking the rules from going into effect last night, but not issuing one blocking the November rules. However, the reasoning is not known, because it was filed as a sealed memorandum, though both parties have been asked to approve unsealing it perhaps as soon as today.