Three of the original plaintiffs died during the struggle - from cancer, pneumonia and Parkinson's disease.
In September 2009, the original plaintiff dropped the lawsuit.
That ruling appeared to address the fear that the original plaintiffs would not live to see the conclusion of the litigation.
"It makes little sense for taxpayers to be funding this when even the original plaintiffs are calling for his release."
The original plaintiff, the Justice Department, called for a hearing on alternatives, but did not take a position on the judge's role.
That meant that the regulations would take effect as scheduled, unless there was a further appeal by the original plaintiffs.
All but fifteen of the original forty-two plaintiffs then settled their claims.
The department was the original plaintiff in the case in 1980.
The original plaintiffs then asked for reconsideration of this award.
As an original plaintiff, Aguillard became the defendant on appeal.