Skeptic, read some of the commentary, Treasury's appeal was EXCEPTIONAL in part because no ruling has yet been given prior to their appeal -- Judge Atlas has not ruled.
So, no, there has been no ruling that NWS is illegal. En banc gave strong direction. But one of our brethren with life-time job on the Federal bench can STILL give some swivel-eyed ruling nonetheless we should all be well aware OR maybe the Judge just chooses never to rule... such are the prerogatives of Federal JudgesI now know to my cost... "lol", scare quotes cos it ain't funnny