What I mean by "back of the line" is that I am happy to settle for a case number after the new selectees, so the "disadvantaged arguement" is no longer valid. By August/September all numbers are current anyway. Of course, I would rather have my original case number, but "back of the line" is better than nothing, and it means DOS saves face as it still gives the original winners what they were offered - a chance to pursue the application.
Also, does the law insist that 100,000 selectees have to be drawn? I suspect that number is an administrative decision, and they could just as well only draw 80,000 or even 50,000 if they choose.
As an "act of goodwill", DOS could proceed with those selectees who can show that they were officially notified and can prove they had acted upon the offer (eg-courier costs etc.)
And what of the other selectees who never checked their results? - they were never comunicated with. End of story. Will they try to sue? on what basis? Have to decide the line somewhere.
My personal opinion is that the only reason for all this mess is that the results were available online immediately. If notification was still via letter, this would have gone unnoticed as in previous years (I have seen speculation that in previous years results have been skewed towards other dates). Therefore the 2012 winners really have been victims of this mess. So personally I believe that the original draw should be reinstated. (Yes - I am of the "Still Random - just not the random that was expected" camp.