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If the TRO is granted technically the Feds are unable to prosecute FSC members but the real world application of this is that the Feds would at that point stop prosecutions until the suit is resolved. The reason for this is that the standard for a TRO is pretty high and if another Court has granted a TRO its pretty likely that the next Court will look and see a TRO has already been granted for a previous plaintiff and just rubberstamp the new TRO. The Feds know this and this is why they would rather give a deal now to the FSC and leave open the prospect that they could get access to all the other non FSC members through 2257 inspections than lose the TRO and essentially have to win the suit to enable inspections.
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