It could be claimed to have such an effect if the client in a case ineligible for LSC representation could eliminate the ineligibility by waiving the claim that the statute is invalid
There is no way for the client to eliminate their ineligibility. 
mnli hypothesis: There is no way for the client to eliminate their ineligibility.  premise: It could be claimed to have such an effect if the client in a case ineligible for LSC representation could eliminate the ineligibility by waiving the claim that the statute is invalid