|
I read their arguments closely as reported (I didn't read the original) but I think they missed the most important argument of all, the one that won sundance v Reno:
The DOJ cannot write new law - they can only enforce what is on the books already. The creation of new legal burdens (especially for secondary producers) is beyond the scope of the DOJ's regulating abilities. Quite simple, if 2257 is poorly written, then the house and senate need to write and pass a new version of the law, and the president needs to sign it into law. The DOJ cannot make up the rules it WISHES were on the books. That isn't their job.
I don't think we need an injunction against 2257 as written, I think we need an injunction against the horrible hatchet job the DOJ has done adding new rules and re-writing the text of the rules without the legal right.
Everything else is arguing their case instead of ours.
Alex
|