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SUPPOSEDLY (Know more at 1:30 pm mountain time), this is what has been agreed to, according to a "good informant".
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Under the deal, the government will not enforce the new 2257 regulations until the FSC's lawsuit challenging them is resolved.
Thats essentially it, and that is a reasonable deal.
While technically this would only apply to FSC members, realistically it will apply to everyone.
And if that is indeed the settlement, I know one of the first questions that will pop up is:
What if I join the FSC AFTER the announcement/ruling is made?
Would I THEN still have protection from the DOJ as a NEW member?
I think it presents serious constitutional challenges of it's own to offer protection from prosecution for a specified group of people while still threatening the "non-members" of that group with prosecution because they were not part of that group....
Isnt' this a mafia tactic?
How can you "openly" selectively apply the tenets of a law to only "non members" of a group without trampling on equal protection and justice for all?
IMHO the deal means they agreed with FSC, in return for pulling the TRO suit, they will withhold pursuing prosecutions on the new 2257 period, until the actual suit would be settled between the FSC and the DOJ.
Yes, FSC filed on behalf of it's members, but laws cannot be selectively enforced......or applied.... to do so would only invite numerous litigous challenges.
Quote:
Originally Posted by tombarr
See!! I am not the only member of this board that has actually READ the Constitution!!
The FSC is arguing the case on behalf of the plaintiffs and their members. That is the long and short of it. If there is collateral protection then that's great. If there is a deal, then no restraining order has been granted. So, the two sides have agreed "in principle" to certain terms that will be set forth by the judge. No other party can say, this "applies" to me or doesn't apply to me. Only the judge, the DOJ, and the FSC can agree who the terms apply to.
I think most importantly is the fact that these new regulations are still in effect. If there is no restraining order, or injunction, then the DOJ still has the right to enforce the regulations.
Actually, in the strictest application of the law, the TRO could be applied selectively meaning that only FSC members would have protection. However, you can bet your ass that if the TRO is granted, the DoJ will not go after anyone until the suit has worked it's way through the court system.
The DoJ is not going to risk pissing off the court my going after non FSC members.
Bill