And yeah, the epigraph is Homer Simpson. Why isn’t your epigraph Homer Simpson?

In one case, 10% was looked at with a critical eye. In the end, the #SCOTUS denied cert on this one so we’ll have to wait for another outrageous misapplication of statistics in the Circuit Courts of Appeals to resolve the #circuitsplit.

According to one model, up to ONE THIRD of class members suffered no injury at all. Most other circuits that have weighed in use a de minimis rule - they will certify a class only if the number of uninjured class members is so small that it doesn’t matter. Clearly 1/3 is above this threshold -

The executives of the three major tuna brands agreed to fix prices, squeezing grocery stores (which passed some of the costs on to customers) and institutional purchasers like hospitals and prisons. However, dueling statistical models left the court facing an unsettling possibility:

The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. … [Its] provisions are universal in their application, to all persons within the territorial jurisdiction …"
Yick Wo, 118 U. S. at 369.

“Neither our cases nor the logic of the Fourteenth Amendment support that constricting construction of the phrase "within its jurisdiction."” Plyler v. Doe, 457 US 202, 211 (1982).

“[E]very single Supreme Court decision considering the issue found all persons born in the United States are in fact U.S. citizens.”