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You are making arguments about mere ripeness but confuse that with proving unfair representation. You keep making the implicit assumption that USAPA (or anyone else) has any obligation to use the Nic.
Give us one document that shows you are not implicitly assuming USAPA must use the Nic, just like the dissent at the 9th.
Ok you are getting confused again. Ripeness is not at issue, the court already ruled that the ripeness had in fact been reached but absent a LIST TO COMPARE there was nothing for which the court could do. I agree with the court in this regard. Now we are at a place where usapa has no choice but to advance a position, ie they must place a list or lists before APA and that is where it gets really interesting. There is simply no way around it and the stall game is over. Now I know you completely understand but you would rather not acknowledge that. Originally Posted by PurpleTurtle
"having a list" isn't the threshold for ripeness. Having a completed contract with a ratified list is the threshold for ripeness, as the 9th told you (and Silver ignored, to your great cost). You are making arguments about mere ripeness but confuse that with proving unfair representation. You keep making the implicit assumption that USAPA (or anyone else) has any obligation to use the Nic.
Give us one document that shows you are not implicitly assuming USAPA must use the Nic, just like the dissent at the 9th.
The dissent of the 9th is not material but since you brought it you must complete the statement. "How do we know what usapa will present and such will work against the fears of the west?" See they said the same thing, nothing to compare but now or rather very very soon usapa MUST present something for which to compare and when they do the west will file for an emergency injunction and grind the wheels of progress to a immediate halt. Do you think that APA will want to deal with this? Do you think that the APA will take up the usapa cause? I am betting not.
WD at AWA