Over the past 10years there so many disappointments re: court rulings, rumors that didn't pan out, unfair gov't action that seemed to go unabated, and more unfulfilled rumors, that investors are just exhausted. They've adopted the ad tag line from many years ago: "Where's the beef!"
But, now the sentiment, tea leaves, etc., have never been better in this past decade... not to mention the en banc hearing is looking optimistic. However, IMO, not until "real" news and plans are officially announced that the PPS will do what we think [hope] it will do.
Now is the time where either you get in early, and put your money at risk, but if it "happens," one will be richly rewarded. Or wait for official news ... invest, less risk, but get in at a higher PPS and possibly finding yourself chasing.
Like all investing, you're just placing your bet.