my bets are they punt. The suit is against the mandate, the mandate has penalties, the penalties are what one would act against 9that is the actual damage) but today there is no mandate, no penalties, hence no standing to sue.
Can't sue because you think you will be damaged, you need top be damaged.
Courts can do injunctions against laws, but generally the Supers want real plaintiffs with actual standing. My understanding is they scheduled 3 days for deciding whether they will decide (merits of whether they should continue to hear it), i.e. standing. My understanding that is an unusual amount of time to consider that.
So, my guess, punt
edit, just read that only day one is deciding to decide, still think punt is a good liklihood.
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