Don't anbody get their hopes up here.
Rule 40 is in place for 2012 because the delegates put it in place.
The delegates in 2016 can KEEP it in place IF they vote for it to be kept in place.
If they are a majority, then they can not be defeated in any vote for any rule.
Trump’s and Cruz’s delegates combined already are just about 60 delegates short of the majority. They’ll have far more than the majority combined when they get to the convention.
IF they work together, they can establish ANY rule they want to establish, and keeping rule 40 is to the benefit of both Trump and Cruz.