The gatekeeper remains the GOR until a court says it isn’t. If a court affirms the GOR it’s unlikely many teams can afford to leave, so the ACC will survive in some form.
Sure FSU, Clemson, UNC, whoever else has invites waiting to the B1G/SEC can afford to pay a hefty negotiated buyout because it will still be profitable for them in the end. Schools trying to negotiate a settlement to get to the B12 are going to have a much harder time justifying it because the pot of gold at the end of their rainbow is much smaller. Especially since we have no idea what the future of college football is, and the B12 would be the last road block living on borrowed time to a true P2.
As an aside, I think FSU’s motion to dismiss has merit, and their case ends up in FL state court. If that happens the ACC will likely be forced to settle to maintain the GOR or risk a court giving the death blow to the ACC.
TLDR: Still waiting on the courts to determine GOR validity.