Wednesday, February 16, 2005
Obscenity Updates [Updated!]
(1) Will Baude of Crescat Sententia writes in on the Extreme Associates case, noting that the Supreme Court itself has a view as to whether a district court can extend a ruling in ways similar to how the Extreme judge expanded the Lawrence decision. From Rodriguez de Quijas v. Shearson/American Express, 490 U.S. 477, 484 (1989):
If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the court of appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions.
(2) In another update on the same obscenity case, the Senate subcommittee hearing scheduled for today was postponed (presumably), or perhaps cancelled. AVN (not work safe) has the details.
Update: The Justice Department, under the new Attorney General, announced that it would seek to appeal the judge's dismissal of the charges against Extreme Associates.