The DOJ does not make the determination, THE COURTS DO.. The DOJ was on the losing side of two recent SCOTUS decisions:

https://www.justice.gov/opa/pr/attor...ackson-women-s

https://www.justice.gov/opa/pr/justi...ssociation-inc

They were against NKs case awarding the SWA slots out of EWR.

https://paxex.aero/spirit-airlines-n...s-faa-lawsuit/

and the alphabet agencies might be just about to be hammered by the SCOTUS again:


https://www.bostonherald.com/2022/06...supremes-0629/


The DOJ and other agencies are NOT the final word, and some assistant attorney general in the DOJ speaking at a meeting damn sure isn’t the final word even at the DOJ.