Exactly. Hence making the plan public 24 hours before en banc. Gee what a coincidence.
Based upon "The Plan" they were intending to allow the companies to start retaining capital anyway. This ruling gives them cover. "Why would we appeal, if this was what we planned to do anyway. We are simply being directed to do it sooner than we planned. [Smiling] Don't blame us ... blame the judges of the 5th circuit."