They're punting this to the SCOTUS. It's what Rudy and Co. want. They just eliminated the certification as an issue, now the fight is over the audit, and heading for the SCOTUS for the rest.

I tend to think they know, no matter what they decide, this is going to SCOTUS, so they're going by the book. They don't want to undo anything, but aren't going to stand in the way of what follows.