Is Judge Miller in a wait and see mode?
On Aug. 2 Judge Walker D. Miller heard arguments for a preliminary injunction in the case of Free Speech Coalition vs. Gonzales. The lawsuit asks the judge to restrain government enforcement of the “2257 regulations” set forth at 18 U.S.C. § 2257 and 28 CFR 75. The complaint also argues that the entire regulatory scheme should be declared unconstitutional. After hearing arguments, Judge Miller hinted at a decision within three weeks. Two and a half months later, and we still have no decision.
In September, a bill (H.R. 3726) by Representative Mike Pence (R-Ind), was added as a rider to the Children’s Safety Act of 2005, H.R. 3132, which shot through committee and was quickly passed by the House. It’s now in the Senate for consideration … and likely passage. The bill, among other things, renders any favorable decision on secondary producers, from Miller, moot.
This begs the question – is Judge Miller holding off on his ruling until he sees what direction H.R. 3726 goes? It seems like an obvious question, one I’ve not heard anyone ask.
