You and Denton are spot on with your concerns but this Judge doesn't have what it takes to grant it. I'll be ecstatic if she does and she sure has a basis for doing so but, I don't think the politics will enable to buck the state. Her actions thus far seem to corroborate such.

Anyways, if she does grant the motion, she will have done the right thing.

The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
William Arthur Ward