All that has to happen is for one to switch sides. Justification for "switching" can be a flimsy pretext.
CDC moratorium that was struck down was blanket. This one is targeted.
I'm not of a mind that the feds have this power at all, not even via legislation let alone via CDC or some other regulatory body. Just of a mind that the courts are there to protect the government. The government is what pays their way.
The quotes are here: https://freerepublic.com/focus/f-news/3982276/posts