The courts themselves have also changed. In particular, the Supreme Court has been overwhelmingly captured by one political party, and a Circuit Court that is extremely disposed towards business interests. There is every reason to think that the courts will hear cases "just because industry does not like being regulated in clear compliance with Congressional mandate".
The suit won't happen instantly, but an injunction can be granted extremely fast. That restores the status quo ante, and gives time to shop for a jurisdiction that will find in their favor. It may take years for that to work its way up to the Supreme Court, but that's to their advantage.
The suit won't happen instantly, but an injunction can be granted extremely fast. That restores the status quo ante, and gives time to shop for a jurisdiction that will find in their favor. It may take years for that to work its way up to the Supreme Court, but that's to their advantage.