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Originally Posted by xxxjay
This was a very smart move of the behalf of the FSC. As it has been explained to me by a very competent attorney, face to face -- that fact that the injunction being filed in the 10th Circuit puts the FSC at a huge strategic advantage because a judge in the 10th circuit has already ruled an said the concept of ?secondary producer? is unconstitutional. That is the crux of the revised 2257.
As it has been explained to me, The 10th Circuit HAS NO CHOICE but to go by their decision ? even if the current judge thinks it was the worst decision on Earth?his hand are tied! To reverse the decision would be a very long and arduous process.
This is good news people ? really good news. Stop worrying about 2257 and get back to work!
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A little clarification here, because obviously you were not listening to your attorney and/or he is being dangerous with your life.
Fact: The reason they filed in the 10th District is because Sundance set precedence in 10th District, so by law they pretty much are going to go with the most recent publixhed decision. That being said, it isn't like precedence has never been challenged and overturned.
Fact: Just because the 10th grants the injunction, that does not mean any other district has to honor the injunction. Only courts in the 10th District need apply it.
Fact: While the FSC is confident of at least a partial injunction, they are not suggesting that if an injunction is granted, everyone can resume life as normal.