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Phoenix, I wanted to thank you for your posts over the weekend. Still catching up on all this, but you have pretty much framed the logic (rather very cryptic logic) in the current ruling.The more I read, the more I think Judge Silver just did Doug Parker a big, in fact huge favor. I am going to study a while before making my self-important predictions on things to come. One thing is sure, and fact: Marty and Andrew McCarthy will no longer be carrying Addington I around Silver's beach party house. It already was dead, but any chance of a sequel is now over. Film at eleven. RR
Indeed she has vociferously argued on behalf of both sides, perhaps in an attempt to encourage a resolution among the two opponents during the negotiations that she ordered. However, and even more likely in my opinion, arguing both sides leaves her with lots of data points along the way to plausibly justify any decision she makes in the end... and lets admit that as a judge she benefits from building herself a wide garden of reasonableness in which to plant her final decision. She will have to make a narrow decision within that wide range but everyone will quickly forget, or never even notice, that she could have gone many ways. Instead everyone will dig at how she came to the decision she did, and she has plenty of plausible rationale now.
As I understand it she now has two precise questions before her: 1) did USAPA breach its DFR in the MOU and 2) does she impose an injunction on USAPA to use the Nic in the MOU process.
Technically then there are four possibilities:
1. guilty--injunction
2. guilty--no injunction
3. not guilty--injunction
4. not guilty--no injunction
I can see that she has viewed, argued, questioned, a rationale for all four.
That being the case a cynic might conclude her real job was never what we all expected/wanted it to be (deciding who is right and who is wrong)... but it has always been about protecting the best possible outcome for the most amount of people with the least amount of disruption, and doing so in a manner that fruits a collective consciousness where nearly everyone accepts, applauds, or at least tolerates, the outcome. That would be cynical.

From that perspective, what is the outcome likely to be..... ....And lets not forget she knows the sealed negotiations and can still pull a rabbit out of her hat with a new trick that none of us expect!