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Originally Posted by RawAlex
Regardless of member or not member of FSC, a federal judge ahs ruled that certain sections of the "new" 2257 could certainly be challenged, and would likely lead to a win. Therefore, there is no way in normal terms that the DoJ could even attempt to apply those rules, knowing full well that a federal judge has already ruled it likely that they will be thrown out.
I think that any court in the US would slap the DoJ as hard as legally possible if they tried it.
Alex
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The fact is this ruling need only be followed in the 10th Circuit. If DOJ brings an action against a non protected party in another Circuit the result might not be the same. This court was in the 10th Circuit and they followed precident. DOJ may want to do just that because it will insure a Supreme Court hearing if two or more Circuits disagree on the law. In any event I doubt anyone wishes to spend the amount of money it cost the FSC to get this far.