It seems that Wal-Mart’s lawyers are not arguing that they should be immune from lawsuits for the now-mundane reason that they are “too big to fail” but that they made a fail too big to prosecute (h/t newser). In the continuing saga of its epic gender-discrimination suit, the corporation is asking the Supreme Court to block a ruling by the Ninth Circuit that the female employees of Wal-Mart comprise a class. In a brief filed on behalf of Wal-Mart, one lawyer argues:
The class is larger than the active-duty personnel in the Army, Navy, Air Force, Marines, and Coast Guard combined – making it the largest employment class action in history by several orders of magnitude.
In other words, “Dear Supreme Court: We discriminated against soooooo many women that it is going to be really hard to deal with this case. We’ll tell you what: in exchange for you forgetting about this case, we will make sure that you don’t have to deal with all of its complications. Sound good? Great! Love, Wal-Mart P.S. Although ‘too-big-to-fail’ is kind of ho-hum these days, we would like to try that too.”