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http://www.mikesouth.com
In a motion that has largely been ignored by the adult press the feds have petitioned the sixth circuit for a re-hearing on the 2257 case that they struck down.
This was not totally unexpected, particularly when election year politicking can turn it into a hot button issue. Industry observers like Mark Kernes ( AVN did report on this) are pointing out how weak the governments case is but at the same time are ignoring the fact that this is percieved by the public as a child pornography law and in an election year things like that get a lot more sensitive.
The almost unanimous ruling last year (even the one dissenting judge pointed out constitutional issues in his opinion) does makes it unlikely that a rehearing will be granted, making the next step be for an en banc hearing should the government lose again, after that, should it fail, or be upheld in the en banc hearing, the government would have to file a writ of certiorari attempting to get the supreme court to hear the case.
Not wanting to be caught with their pants down around their ankles and their hands in the cookie jar again, THIS TIME the FSC is wasting no time in filing an amicus brief, at which point, no doubt they will take credit for the whole thing.
http://www.mikesouth.com
In a motion that has largely been ignored by the adult press the feds have petitioned the sixth circuit for a re-hearing on the 2257 case that they struck down.
This was not totally unexpected, particularly when election year politicking can turn it into a hot button issue. Industry observers like Mark Kernes ( AVN did report on this) are pointing out how weak the governments case is but at the same time are ignoring the fact that this is percieved by the public as a child pornography law and in an election year things like that get a lot more sensitive.
The almost unanimous ruling last year (even the one dissenting judge pointed out constitutional issues in his opinion) does makes it unlikely that a rehearing will be granted, making the next step be for an en banc hearing should the government lose again, after that, should it fail, or be upheld in the en banc hearing, the government would have to file a writ of certiorari attempting to get the supreme court to hear the case.
Not wanting to be caught with their pants down around their ankles and their hands in the cookie jar again, THIS TIME the FSC is wasting no time in filing an amicus brief, at which point, no doubt they will take credit for the whole thing.
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