The justice dept could take it any time they like, they won’t.
The justice department has been too politicized anyway.
The justice department was never intended to be the president’s personal prosecutor/defense attorney. It should be completely independent of the white house and beholden only to the constitution whether the AG likes it or not. People are angry that the Michigan AG is “siding” with the unions in the Detroit bankruptcy but the state constitution is clear and he will defend it despite openly disliking the amendment. I personally respect him a great deal for defending the clause he so strongly opposes.