PHILADELPHIA — The Justice Department has filed a motion for a 37-day extension of time to deliver its first brief in its appeal over a judge’s final judgment and decree involving federal rules for adult-producer recordkeeping.
The Free Speech Coalition, which also has challenged the judgment and decree, has consented to the proposed extension.
The Justice Department’s first-step brief, originally due Wednesday, Nov. 28, would be due on Jan. 4 under the proposal.
The appeal and cross-appeal stem from a decision made in August by U.S. District Judge Baylson in Philadelphia.
In his latest ruling over the regs, 18 U.S.C. §§ 2257 and 2257A, Baylson found that large parts of the recordkeeping regulations were unconstitutional on First Amendment grounds. An earlier FSC victory against the regulations on Fourth Amendment grounds came from a 3rd U.S. Circuit Court of Appeals ruling.
Baylson made his decision on the judgment and decree on the basis of evidence presented during an eight-day bench trial held in 2012, together with some subsequent additional declarations. The case has been in courtrooms for the past nine years.
The 37-day extension request was based on the caseload and personal schedule of the Justice Department’s appellate counsel, Anne Murphy. The request also was based on the amount of time to prepare the opening brief.
“The trial record is voluminous, and includes thousands of pages of exhibits,” the Justice Department said in its motion for a 37-day extension. “In sum, these cross-appeals present significant legal issues about the constitutionality of an Act of Congress in the context of a very extensive factual record.
"Preparing the cross-appeal briefs will require appellate counsel to commit an unusually large amount of time to the appeal.”
The Justice Department noted that after Murphy has prepared a draft brief in this case, the draft must be reviewed by supervising appellate counsel, by trial counsel and by counsel in several other divisions of the Justice Department with an interest in the case.
“In addition, paralegal staff must review the draft, which will then be corrected and prepared for filing,” the motion said, which also noted that it will be extremely difficult to coordinate, review and preparation the draft brief later in December, because of disruptions caused by the Christmas holiday.
