After reading about this in BIG, my understanding is that they are leaving a breadcrumb trail so this can be challenged by conservative circuit judges on process grounds. Because why bother addressing the underlying issue when you can just throw everything out on process and hold society back.
The reason to require legal cases meeting process is what helps every day people not get railroaded by zealous police and prosecutors. Arguing to weaken this requirement would have far reaching bad consequences for society.
And, if a judge does rule that this change did not follow the law, then no matter how much you like it, it's far better that legal requirements get met than to weaken them over something like this.
https://www.thebignewsletter.com/p/lina-khan-vs-planet-fitne...