Which means the rule will be enforced starting day after tomorrow, December 1.

Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had failed to show that they would suffer irreparable harm if the rule was not preliminarily enjoined. He also found that the plaintiffs had failed to show that the balance of equities and public interest weighed in favor of the plaintiffs.

Judge Lindsay concluded, “That the court has denied injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits. This determination is left for another day.”

Thus, although this is a “battle” victory for the U.S. Department of Labor, it’s possible that the plaintiffs will still win the “war.”

We’ll be back soon with more on yesterday’s decision. Mega hat tip to Tommy Eden, who alerted us.