Good evening Nic4. Would you please quote that part? I could not find it.
I have already quoted it twice in the last five pages, but for you I will do it again.
"3We do not address the thorny question of the extent to which the
Nicolau Award is binding on USAPA."
Straight up said, this opinion does not talk about whether or not usapa is bound by the Nic. So, if the 9th said, we make no comments about whether or not usapa is bound by the Nic, how could they make a comment that usapa is NOT bound to the Nic.
Answere, is they did not. The portion you quote is nothing more than making a hypothetical case of an outcome that could make the case not ripe. An example, or a reason for which the West would not sue, or even have reason to sue if a non-Nic that did not harm the West was the final ratified product.
Further, that is not making any comment about what harm is or that the West would have to show usapa's plan fell outside a "legitimate union purpose", it just says, one possibility is the West could decide not to sue if usapa actually changes its mind and puts out a list that does not harm the West. That is obviously a determination the West would make, therefore I said, the West would have to sign off on a non-Nic.