I mean, they "decided" that it was an emergency that they needed to let it happen instead of waiting to actually decide if it's legal or not. They literally are

I mean, they "decided" that it was an emergency that they needed to let it happen instead of waiting to actually decide if it's legal or not. They literally are saying that it would take too long for the case to finish for them to be able to do the work they want, which means that they only will "decide" in the sense you're describing after it's too late to do anything about. So in this case, yes, they've effectively "decided" it's allowed for this administration, and maybe we'll find out if it's legal or not in time for the next one.