Reposted by Ezra Ishmael Young
Justice Blackmun (30 years ago): "Rather than continue to coddle the Court's delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed."
![https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.65.0_1.pdf
Here, the non-party movants advance grievous allegations that Plaintiffs
voluntarily dismissed this litigation solely to avoid judicial scrutiny of a lawsuit that “was
collusive from the start” and was only filed to provide the imprimatur of legality for an
unlawful settlement. (DE 63 at 16). They point to the fact that the settlement in question
includes a “three-paragraph addendum2 . . . [that] purports to ‘forever bar[] and preclude[]’
the United States from pursuing claims that could have been [otherwise] asserted
[against] Plaintiffs,” (Id. at 8), and highlight the fact that Defendants did not “even try[] to
defend against Plaintiffs’ claims” despite their active opposition to nearly identical claims
in other litigation.3 (Id. at 16). Finally, the non-party movants assert that Plaintiffs’ claims
were “clearly untimely” and therefore untenable. (Id.).
Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs shall file a response
to the Motion (DE 63) on or before June 12, 2026, detailing their position on the matters
set forth in the Motion, including (1) the charges of collusion and whether the Parties are
truly adverse; (2) the assertion that the dismissal in this case was premised on deception
by the Parties; and (3) the question of whether the case should be reopened because the
Court was the “victim of a fraud.” (DE 63 at 13, citing 11 Charles Alan Wright & Arthur R.
Miller, Federal Practice and Procedure § 2870 (3d ed.)). The non-party movants may, if
they choose, file a reply on or before June 19, 2026.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:yokssolxkvz4lobktvx6yvxb/bafkreief7fvnvkh6rq3qhbz22ufasb6a3gor5b54ei7xgzxth6rhmcbnq4)
