| xxxjay |
04-05-2007 01:57 PM |
Judge Miller Issues Interim Decision On 2257
Canoga Park, CA - On Friday March 30th, Colorado Federal District Court Judge Walker Miller issued an interim ruling dismissing some causes of action and allowing others to proceed in light of the Adam Walsh Act amendments to 18 U.S.C. § 2257 signed into law on July 27, 2006. FSC attorneys, in cooperation with government litigators, had held off amending their lawsuit until the regulations for those amendments were issued. These regulations were scheduled to be issued in January, but have not yet been made public. "It makes no sense to rule on a law prior to the issuance regulations defining how the law is to be carried out," said Diane Duke, FSC Executive Director.
Judge Miller's issuance is consistent with his December 2005 ruling enjoining parts of 2257. But, because of amendments made to 2257 by the Adam Walsh act, FSC has until April 16th to present to the court grounds for why the amended 2257 is unconstitutional and the government has until April 30th for response.
FSC attorneys have identified and are working on a number of strategies to address Judge Miller's most recent decision. "While we are disappointed by Judge Miller's ruling," said Reed Lee, FSC Board member and President of the First Amendment Lawyers Association, "this case is far from over. There are a number of constitutional issues, previously appropriately avoided by Judge Miller that must now be addressed."
"FSC will provide regular updates on the status of 2257 as the case unfolds through our weekly XPRESS newsletter, e-mail alerts and posting on our websites," said Ms Duke. "As soon as we have additional information, we will communicate it to our membership."
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