Judge Edith Brown Clement is waving her arms, jumping up and down to draw the attention of the US Supreme Court to the zany goings on in New Orleans concerning BP and its oil spill liability. Clement, who sits on the federal court of appeals for the Fifth Circuit, wants the justices to intervene in a portion of the never-ending litigation over how much the British-based energy giant has to pay to make amends for the enormous Apr 2010 offshore well disaster that killed 11 rig workers and sullied the Gulf of Mexico. She probably won't succeed, but her exertions are both colorful and edifying. As a technical basis for the Supreme Court to weigh in, Clement pointed to the procedural requirements of "certifying" a class action for settlement. She argued that the class of claimants cannot stand if it includes members who suffered absolutely no harm traceable to BP.