Yeah, but Michael, it's only a matter of time before somebody challenges 2257 in the 2nd, 9th and 11th Circuits.

We can reasonably predict how the 2nd and 9th circuits will rule (I'd love to see what Judge Calabrese in the 2nd makes of this.) I'll wager good money the 11th circuit takes a contrary view to today's decision, which will force it upon the Supremes.

So the question then becomes: Do we spend that much time, money and resources on voluminous litigation in three circuits or do we cut to the chase and appeal the ruling in the 6th?

Given my belief that Judge Mukassey, if confirmed, will move to divert DOJ resources from "luxuries" such as 2257/obscenity prosecution and onto "priorities" such as terrorism, I really see this going upstairs sooner rather than later. So, given the ongoing battle with Leahy in committee, we may not see a decision on this for some time.

Although, if you are correct, the supreme irony of KSEX becoming WKRP would be hysterical.