WOM filed after the USCIS announcement concerning "name check" was successful, despite the personal displeasement of the US attorney towards plaintiff's attorney for pushing the deadline too hard. The slight difference was that the CG was got after a month instead of 7 days or 2 weeks.
If the case was delayed for NC, FBI will be an essential defendant. Therefore, it is unlikely USCIS would have any say in "not pushing the NC".
As XBT mentioned in her posting, USCIS may use reasons to defend their case, such as venue or jurisdiction issues. Especially for the EB1/2 category, when interview is not necessary, the intending defendents usually include the service center withholding the case.
Few WOM cases would likely be filed in March, 2007. If the result of those cases would be still positive, 485 holders whose case are 1.5 -2 years over the processing time may still have a good chance to sue/and win.
FYI only, not a legal advice.