On Friday, June 29th, the Visa Office had about 60,000 EB visas left in the pool. On Monday morning, July 2d, there were none. This means that the CIS purportedly closed out 60,000 files over the weekend.
Now, if the CIS did, in fact, approve 60,000 adjustment applications over the weekend, they have a good defense. On the other hand if, as alleged, they simply ordered 60,000 visa numbers - and did not close out cases - they have a problem.
This is something that should be easy to prove. They either did or did not approve 60,000 adjustment of status applications on Sunday, July 1st. If they didn't then they will lose.
According to Cong. Lofgren's web site, the CIS started returning visa numbers to the Visa Office as early as Thursday, July 5th. Given that a case has to be approvable before they can ORDER a visa number, I find it odd that they are now returning numbers. One would almost think that they acted in bad faith in ordering all of those numbers to begin with.