That "rule" is the United States Constitution. If they're going to "waive the rule," they might as well waive elections, free speech, due process, and everything else in the Constitution while they're at it.
-PJ
They are working on it but it takes time. Today they voided laws passed by one of the several states based on whimsey, earlier in the week they extended habeus corpus to enemy combatants. It takes time to shred the entire Constitution, but they never stop working on it.