Never have I said any such thing. I have asserted all along that Southwest has a great legal team and rarely do they enter into litigation where they end up losing in a court of law. My money is still residing with the assumption that SWA has done their homework and will not pursue litigation where they do not feel they will eventually prevail. I'm not swearing anything "up and down" only looking past precedent as a guide as to how this will turn out.
You don't seem to grasp the fact that Southwest has ~95% of the traffic in and out of DAL and that the precedent for dealing with carriers who have a high percentage of the traffic at an airport is to take some assets from the monopoly carrier and give those assets to 'shut out' carriers.
It used to be Southwest that was able to get assets taken away from dominant carriers and given to Southwest and other 'disadvantaged' airlines. Now Southwest is the carrier whose gates at DAL will be poached at will by other carriers.
I'm able to envision lots of things, but I also know the difficulties associated with changing U.S. law, especially with the gridlock currently residing in the legislative branch. It seems that what you choose not to realize is that just like the Wright Amendment, The 5 party repeal of the Wright Amendment is U.S. law. Can it be changed, of course. Is a change long, laborious and difficult, of course! The five-party agreement explicitly allocates 16 of the 20 Love Field gates to Southwest Airlines. If you think that provision will be quickly or easily changed, I wholeheartedly disagree.
Howard, you crack me up. Southwest came in and had the big bad government take assets from the big 3 for many years so that they could be given to Southwest. Now that Southwest is the largest domestic carrier, you guys are starting to get a taste of what it's like to have your 'stuff' taken from you. The fact that Delta's able to use 'Southwest's gates' is just a bit of payback for all of the years that you guys have done this crap to the other majors. And if you somehow think that this will be the last time that Southwest gets assets taken from them, I suggest that you are very much mistaken.
Anyone who wants to fly into/out of DAL will be able to use Southwest's gates. Why? Because you guys have a monopoly in DAL. Call it Eminent Domain or In The Public Interest or whatever crap wording you want to use. Again, this is straight from Southwest's old playbook. You guys are now reaping what you've sown. You guys can 'own' as many gates as you want in DAL; you're just going to have to accommodate every airline that decides it wants to serve DAL by letting them use 'your' gates for pennies.
By the way, Southwest has 18 gates at DAL, not 16. So I guess that two of those gates should be taken away from them since Southwest is in violation of the '5 party agreement'.