The fact they are taking so long suggests to me that the 11th is going to not going to get involved.
We should all remember:
-The Congressional legislation was only to get them a chance at the federal courts. That much has been accomplished.
-There was never a guarantee of success.
-The standard for a temporary injuction has always been substantial likelyhood of success.
-There is still the issue of scheduling the full de novo hearing at the trial court level. (is anyone thinking about that?)
-There is no reason any of this has been in vain. Congressional hearings will be had. Laws will be changed and made. (I would like to see the state court standard raised to "beyond a reasonable doubt".)
No, them taking this long means they are getting involved. I have seen appeals for the Schindlers take 30 minutes to be denied.
In civil cases, the term "clear and convincing evidence" has the same general meaning that "beyond a reasonable doubt" does in criminal cases.