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 MI (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
2 Responses
I find 2 things quite interesting:
1) That it happened in one of the most conservative cities in the country (in regards to local government VS adult): Cincinnati
and
2) The magazine Connexion closed, if I remember correctly, back in around 2002 or so (I remember because I wrote a column for that publication every issue for about 12 years).
actually the first one is an interesting observation and I have a theory on it
our industry has recently had 3 favorable and one unfavorable ruling
all three favorable rulings were in conservative courts…on in PA one in TX one in OH
the unfavorable ruling was in Denver, a liberl court
I suspect when you get right to it it makes sense, and it explains why those thought to be the most conservative supreme court judges often are in the end first amendment proponents. Conservative judges are far more likely to be strict constitutionalists while liberal judges are more likely to try to re-interpret the constitution to fit the current whims of society.
as for your second point yes the magazine is out of business but it isnt the one you used to write for, this was the ohio and michigan connection magazines…small time local rags