Originally Posted by
PurpleTurtle
The only thing that can be appealed is the portion that is ORDERED. All else in the dicta has no force of law and are extraneous to the question before her court. Her dicta may speculate on future questions of law but such questions would be subject to undergo their own lengthy process of litigation, and will not be answered in an appeal of the plaintiff at the 9th (as her speculative dicta did not address the question of law before her.)
Anyone who presumes to use her dicta as justification for changing the status quo will fail.
Her ORDER will be complied with.
Exactly. Which is why USAPA won't be around after APA becomes CBA. Judge Silver's order will apply to USAPA when APA becomes CBA. USAPA had no objection to the company's motion. They even asked for more. In effect reversing (limiting) the effect of her ruling. She declined. That puts USAPA in a bind. That is why they filed in DC.