Removed what restriction? That USAPA is maintaining its duty of fair representation until it puts out its own list to vote? It sounds like you haven't read any of the court documents (Wake's and the 9th). I didn't read all of the court docs, but I didn't see anything about Wake forcing the NIC... or the 9th and SCOTUS giving USAPA carte blanche without any liability. Actually, I haven't read anywhere that SCOTUS even heard the case...
Huh? What list does USAPA give to the arbitrator? According to you, USAPA can't give a list to the arbitrator other than the individual East and West lists.
If that's what you're saying, then I agree... three lists to work from. And guess what two lists have already been previously integrated into one list by an arbitrator. Guess which resluting list list a certain side can reference from, where months of arbitration has already been accomplished by fellow arbitrator. Guess which list will provide the least amount of legal obstacles for APA and the New Company. Guess which list APA could piggy back from to get the top two or three thousand spots for their wide bodies.
In other words, I'm not sure that the NIC is a done deal, but the cards are certainly stacked against whatever USAPA has in mind.