Overnight, in San Diego, Ms. L's lawyers have set forth the rock solid 13 page explanation of why this is an "opt-out" rather than opt-in class action settlement. The clearly correct best bit is quoted in blue below. Of course, all the action on all these border cases is effectively stayed as Trump's lawyers cannot appear, even on a voluntary basis (nominally), for the government, under applicable federal law -- without being paid therefor.
[I also write separately related to Merck -- and post a graphic -- to note that the Supremes have decided not to take up a challenge to the fees Merck owes Gilead, for unclean hands and bad faith, in California -- on the patent case pending before Judge Labson-Freeman. Gilead gets to keep about $15 million, in legal fee reimbursement -- and need not pay the $200 million Merck was originally awarded at trial. Now you know.]
. . . .This [settlement agreement] is unambiguous that class members must take affirmative action to waive the procedures (“such waiver decisions”), and therefore class members who take no action are afforded relief. This language would be completely different if -- as the Government contends -- class members were required to submit claim forms to receive relief. The settlement agreement, and the Court’s orders approving the settlement, would describe a claim process, not a “waiver” process, and would likely articulate a requirement to submit a claim form and set a deadline for submission of claims, as is common in other types of class action settlements . . .
So, we now await the "Adderall® induced" idiot's end of his shutdown, to see what happens next in all this asylum/refugee/border litigation -- but the "brown people without papers" clearly hold the upper hand -- because they need rely on only three pieces of (very public) paper: the provisions of (i) 8 USC, (ii) our Constitution and (iii) the treaties signed as contemplated thereunder.
Onward, smiling -- as I look toward the Gulch this afternoon. . . ever, onward -- snow coming in, up here tomorrow night. Lovely. Truly lustrous -- and lovely.
नमस्ते
