No, the courts don't have the same latitude that DOT has to redefine policy... The courts only gets to decide which laws apply.
Since there is no Federal law which requires an airport to evict a tenant from their own leasehold to accommodate a non-tenant, it's going to be interesting to see what grounds DOT or DL have to try and define how WN can use their real estate.
Right now, if they're looking at a policy decision (e.g. the letter) and a law, the law usually takes precedence.
like Hades they don't.
there have been MASSIVE changes in US policy that have been completely decided by the judiciary
and the Administration
the only ones that HAVE NOT been a part of the massive changes that have taken place in American society has been the Legislature.
you have repeatedly refused to acknowledge that there are airport access laws which require that a certain amount of access be made available to non-lease holders at US airports.
again, DAL is one of the VERY FEW airports in the entire US that does not have common use gates - which exist specifically to ensure that competition is maintained.
DAL's leases are defective in not providing for access to non-lease holders.
And, btw, the DOT agreed with DL. For months we heard that DL was barking up a tree by themselves.
now we find out that the DOT has been supporting DL's position all along.
The DOJ made the lease transfer conditional on DL remaining, not just thru the end of the lease but on an ongoing basis.
WN is WAY OUT OF LINE with their expectations of dominating DAL.
and again, you aren't smart enough to realize it but WN's success is costing AA far more than it is costing DL.
this isn't an internet pi87sing contest between me and a bunch of people who can't admit I am right.
this is about fair and open access - something WN does not want despite the fact that it went screaming to the DOJ and DOT about needing access to DCA and LGA - which it already had - even though AA and DL had nowhere near as much of the market as WN does at DAL.
WN's position is so hypocritical that it will take no time for the case to be ruled AGAINST WN.
it's time for it to go to court and for WN to be reduced to the 55% of the DAL market that AA/US was limited to in the number of DCA slots.
that would be 11 gates for WN and 9 for the rest of everyone.
And I can assure you that AA would be happy to join DL in the case if it got 2 gates out of the deal.