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I think if this were actually going to be decided on the merits of the arguments made, the FTC would lose, but as Hoeg has pointed out on twitter several times now, the default in these preliminary injunction hearings is to side with the government. The FTC’s case being weak isn’t enough to have their PI request denied, as far as I can tell the Judge would have to determine that their case is basically completely meritless for the PI to be denied.

That is a very high bar to clear.