Indeed. That's been my main issue with using the MOU to determine ripeness on the DFR claim. In order to rule one way or the other, Silver would be looking at hypothetical triggering event that may never happen. That seems to be a tenuous position for her as judicial intervention now would certainly be subject to the ripeness precedent already established by the Ninth.
I wonder if she is now lamenting not actually providing a more definitive ruling on the DJ case, which by the way, is still on tap for an appeal by the Company. Of course if the US/AA merger fails, then the DJ appeal will come front and center once again leaving all of the three-way integration discussions in the dust, and of course LOA93/C2004 will still be in effect for quite a while longer. While the merger may still go through if the DOJ can be persuaded, it looks like USAPA might be around long enough to taste either a definitive victory or a crushing defeat on the SLI question.