2257 Found Overbroad!?!?

[Greg B]

It didn't take a rocket scientist to determine the law was overbroad. Anyone with high school newspaper editing skills could see all that. Problem was getting the issues to the Court past all the political bullshit and greedy ass officials who were using it for personal profit and gain. The Court this time followed the procedure necessary to cover it's own ass this time and the lawyers kept their ground.

Sometimes laws get passed that are full of more shit than a constipated elephant and those laws get acted upon for years until someone invalidates them. That's the problem with our legal system this past 100 years, laws made for short term gain knowing full well they're not within the guidelines of the Constitution. In fact these bills shouldn't even be introduced without the proper Constitutional analysis we the citizens and our birthrights are due. Lawmakers have been doing this shit since day one and it's got to stop.

The battle was hard won but the war isn't over yet.

However, this case is very important to the rest of the legal community as it shows how things should be done.

[MikeSouth]

OK heres whats next and what may be coming

first the government can request an en banc hearing of the 6th circuit, this means instead of three judges all the judges will have to rule. It is likely they will lose this hearing as well but they may do it as pro forma to a writ of certiorari asking the supreme court to hear it.

Its pretty much a forgone conclusion the supreme court would reject it.

if thats the case everything stands as is with 2257 unable to be enforced in KY OH TN and I think WV (the 6th circuit) everyplace else 2257 is still law with the 6th circuit ruling being a precedent in the defenses case.

I am trying to determine what, if anything can be done to push the issue to the point where it gets a straight up or down ruling, that may also involve the supreme court but it may also be as simple as filing injunctive relief barring any more 2257 inspections until a final ruling is made.

NOW comes the fun part. IF the ruling stands as is companies that moved to the 6th circuit would be exempt from inspections and prosecution so it could make Tennessee a porn capital.

If 2257 gets stricken across the board the congress will have to rewrite the law....that would be the now democratic congress that everyone thinks is friendly to porners (dont bet on it) and by that time its looking like it will be Hillary who either signs it into law or vetoes it.

no matter what happens this is going to be something to watch. Its impact will be felt across the board

[MikeSouth]

and no matter what the worthless bunch of cling ons that call themselves the FSC have to say they had NOTHING to do with todays ruling, they never even filed a friend of the court brief.

they are little more than worthless slimebags attempting to piggy back on a case they should have been involved with to begin with and werent.

[EmporerEJ]

Originally Posted by MikeSouth

and no matter what the worthless bunch of cling ons that call themselves the FSC have to say they had NOTHING to do with todays ruling, they never even filed a friend of the court brief.

they are little more than worthless slimebags attempting to piggy back on a case they should have been involved with to begin with and werent.

Geez Mike...
Don't hold it in. If you don't like them, just let it out! You'll feel better.

[RawAlex]

Mikesouth, I think that the feds, unless they find something to work from, would be loath to push on this one too hard. If they start pushing, they would likely have to push all the way to the supreme court, and that may not be desirable. There is a very high potential that the surpreme court could side with the lower court and not only leave the feds without any 2257 provisions whatsoever, but also a judgement that would make it difficult to even construct an alternative that would apply to the original producer only.

I think what is more likely at this point is that the inspection process will grind to a halt while the lawyers look it all over, followed by a "parking" of the law for the moment. At some point in the future, the lawmakers could sit down and entirely re-write the statued to have a specifically more narrow focus in regards to original producers, mostly common sense guidelines that should be there anyway.

I think this will go down as an important moment in the adult world's fight against the conservative shitheads who has tried to use onerous government paperwork creation to stop the protected free speech they hate.

[EmporerEJ]

Originally Posted by RawAlex

I think what is more likely at this point is that the inspection process will grind to a halt while the lawyers look it all over, followed by a "parking" of the law for the moment. At some point in the future, the lawmakers could sit down and entirely re-write the statued to have a specifically more narrow focus in regards to original producers, mostly common sense guidelines that should be there anyway.

I think this may be the case as well. Hopefully, with the new congress, which is most likely to be a sweep to democrats all around, they'll find more interesting things to occupy their time.

(Can you say "group hug" with the middle east?)

[Toby]

A fairly informative article on AVN today by Clyde Dewitt. It does a nice job of explaining how the process works.

http://www.avn.com/index.cfm?objecti...4C18A90EAF3674

[EmporerEJ]

Originally Posted by MikeSouth

and no matter what the worthless bunch of cling ons that call themselves the FSC have to say they had NOTHING to do with todays ruling, they never even filed a friend of the court brief.

they are little more than worthless slimebags attempting to piggy back on a case they should have been involved with to begin with and werent.

Boy, I dunno..... After reading this, one would think otherwise, wouldn't they?

http://www.ynot.com/modules.php?op=m...icle&sid=38782