Hastert et. al. are simply wrong in their assertion that Congress required a temporary restraining order. That language was in the original language of the bill, and was changed, then subsequently removed.
What you have are a group of legislators trying to blame the judiciary for their passing bad law.
No what you have is a Judiciary taking the law outside of the Legislative intent, and using a little sleight of hand to do it.
Just because the dissenting Judge lost, does not make the Majority right.
After all, W lost in the Supreme COurt of Florida in 2000.
Was the Majority Decision correct, or was Chief Justice Wells dissent correct?