Yet unfolding events help to magnify the wisdom of the 9th who properly identified the erroneous "implicit assumption" of the dissent (and of Wake and anyone else who ventures to meddle).
Without an implicit assumption that USAPA must use the Nic, there is simply no way to demonstrate that negotiating something else is necessarily harmful to anyone.
If there is no immediate and direct harm prior to negotiations truly being complete (i.e. at an effective date of an MOU/JCBA/WhaterverContract.... then there is no factual harm in negotiating apart from the previous negotiating position.
I.e. simply put, negotiating is merely evidence of negotiating.

It is not evidence of harm.
The West has all the risk, and with every passing day the wide range of reasonableness has more real life examples.
😀