No, it's not an effective legal argument. To get an injunction, the claimant (ISPs in this case) would need to show a likelihood of success on the merits _and_

No, it's not an effective legal argument. To get an injunction, the claimant (ISPs in this case) would need to show a likelihood of success on the merits _and_ irreparable harm during the pendency of the lawsuit. If the ISPs are not violating the law, it's hard to imagine that they can show that the law is harming them.