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Result of the court hearing 12th July 2010

@Jayo2k well that is Mr white for you,he like being publicise.But i still feel for him cos his intension is to help the 22k or 36 plaintiff thru lawsuit and wins the heart of many people who are out there looking for solutions conerning immigration issues but never knew things would go this way by this it would have boost his reputation and immigration business.
 
My last post until the results is announced,one word for everybody here is Goodluck to you all,but then dont have much anxieties over winnings? cos we dont know who are the new winners,stay bless.
Goodmorning.
 
Arekee said:
@Mele LATEST NEWS, about 33% of the 22k were re-selected again especially those that entered the program Oct 6th.A friend of mine whose uncle married to lady working in KCC as a secretary to one of the boss in KCC.She just confirmed this news because its a dine minutes announcement of the results.
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Lol. If that’s true, u probably wud have been giving us sneak-out info on dis forum beforehand.

Gudluck pal...:cool:
 
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jayo2k said:
good luck for all, i guess the results will be during the day or tomorow
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Fine said. The judgement was late yesterday, it’s obvious OIG - DOS hierarchy will have to do some round table about d lawsuit aftermath & also triple-confirm d new results conformity. All this can only be done during office hour(s) today.

Jayo:), thank God u got ova this 22k saga easily. B4, i was tinkin au u’ll feel becos ur initial outright expectation for re-instatement was sky-scraping.. 1luv & gudluk
 
Not for me. If they'd posted something like the second Amin's declaration on the website right away instead of Donahue's mumbling, it would greatly reduce tension.
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Well, it still has inconsistences. However, the main idea of both the way they conducted the original lottery and further explanations is they are technically incompetent and are not eager to share that fact with the rest of the world. And what has happened is a result of that incompetence. I was trying to make conslusions of what has happened assuming their competence. So, my conclusions were wrong. By the time the lawsuit started I already realized they were not competent enough. Amin's declarations made me confident of their incompetence.
Surprisingly, in spite of wrong understanding of the meaning of the word random by both sides White with plaintiffs and Amin the court somehow came to an idea of correct understanding of the word random. I still do not understand how exactly the judge came to the correct meaning when both sides of the process were incorrect on that - that is a big secret for me. But my respect to our judicial system only increases.
 
Guys i dont think there's any point bordering ourselves cos DOS might just wants to see the world reactions concerning this whole thing or there might be some misunderstanding within DOS,i might not be 100% sure of this thats if you ask me?
 
It looks like everyone is a winner as of now.
1. People who did not win previously did want a redraw and they got it
2. People who 'won' on a broken system wanted go to courts and they got it
3. Mr White who wanted some publicity and he too got what he wanted.

Lets see what will happen next after they publish results
 
Yesterday, the US District Court for the District of Columbia dismissed the complaint of plaintiffs, who had initiated a lawsuit against the State Department to reinstate their winning selections in the Diversity Visa-2012 Lottery. We respect the decision of the Court and we are grateful to the Court for the urgency that it treated this case.
However, we respectfully disagree with the Court’s analysis – the Court believes that the only way to obtain a random result here was the proper utilization of a computer randomization program. We believe that the purpose of Congress had been achieved by the first drawing – that the 22,000 individuals selected were chosen at random: with no manipulation of results, a level playing field, and no discrimination based on race, age, creed, or national origin. The end result is that the American government has lost credibility – promising 22,000 individuals the right to proceed with the immigration process and then snatching away that hope and promise. The State Department may have won in court, but it has lost the hearts and minds of 22,000 individuals from all around the world.
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The court addressed this issue very thoroughly. The court mentioned on this issue:
Plaintiffs’ attempts to characterize the results of the flawed process as random make a hash of the statute and defy common sense.
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I also believe, American government gained credibility back, not just lost it.
It gained it by:
DOS:
1. By recognizing it's error and publicly admitting it.
2. By invalidating previous results and scheduling a redraw to correct the mistake.
Court:
1. By addressing the issue timely and very thoroughly.
2. By making very competent decisions regarding technical details in which both parties were mistaken.
 
raevsky said:
The court addressed this issue very thoroughly. The court mentioned on this issue:

I also believe, American government gained credibility back, not just lost it.
It gained it by:
DOS:
1. By recognizing it's error and publicly admitting it.
2. By invalidating previous results and scheduling a redraw to correct the mistake.
Court:
1. By addressing the issue timely and very thoroughly.
2. By making very competent decisions regarding technical details in which both parties were mistaken.
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Totally agree, Everything I said on May 15th, 2011 have become true.
 
Appeal will not be in the context of an injunction anymore and therefore out of the randomness issue, it will be absed on a compromise the US gov made with us and moral damage
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It is interesting. I am not aware of any compromise US government made with plaintiffs. On the contrary, I think the US government did not make any compromises.
Regarding the moral damage, the court also addressed this issue already:

Department was bound to balance the interests of the 22,000 individuals who were aware of the lottery results and the 19 million other disappointed entrants, who may have equally compelling reasons for wanting to immigrate to the United States
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Plaintiffs present many arguments for why as a matter of policy or fairness the Department should have fashioned a solution that took account of their interests. Of course, if it had, the Court in all likelihood would now be facing a class action on behalf of the other 19 million complaining about that. But weighing competing policy alternatives and substituting its judgment for that of the agency is exactly what this Court is not permitted to do.
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So, appealing on that reason does not have any credibility.
 
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"Plaintiffs’ attempts to characterize the results of the flawed process as random make a hash of the statute and defy common sense."

Looking at what Judge said, looks like Mr White screwed up the case.
 
Looking at what Judge said, looks like Mr White screwed up the case
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I have a different impression. I think the judge said that plaintiffs created the case when there was none.
 
That could be true too. But I guess a good lawyer and good argument could have taken this case further
 
raevsky said:
The court addressed this issue very thoroughly. The court mentioned on this issue:

I also believe, American government gained credibility back, not just lost it.
It gained it by:
DOS:
1. By recognizing it's error and publicly admitting it.
2. By invalidating previous results and scheduling a redraw to correct the mistake.
Court:
1. By addressing the issue timely and very thoroughly.
2. By making very competent decisions regarding technical details in which both parties were mistaken.
Click to expand...


I agree, superb piece of judgement. Obviously a lady of phenomenal intellect. She had less than a day to write it and it was very thoroughly executed.

I especially loved the way she dissed White's infinitely inferior lack of legislative analysis. What a dig haha! When I read White's response to the first declaration and how he basically ignored a whole chunk of statute in performing his own shallow reading of "select", it was clear the case was doomed to fail on weak argument.
 
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