From: "Declan B. McCullagh" <declan+@CMU.EDU>
Date: Sat, 18 May 1996 12:57:39 +0800
To: froomkin@law.miami.edu>
Subject: Re: (legal) Re: CDA Dispatch #10: Last Day in Court
In-Reply-To: <Pine.SUN.3.91.960515104943.13592C-100000@viper.law.miami.edu>
Message-ID: <claeSc600YUz0uOjMH@andrew.cmu.edu>
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Excerpts from internet.cypherpunks: 15-May-96 Re: (legal) Re: CDA
Dispatch. by Michael Froomkin@law.mia 
> If the legal issue was presented for decision below, and forms a part of
> the notice of appeal, then it is properly preented to the court of appeal,
> regardless of what the court below actually did.  Any other rule would

Speaking of appeals, I've been thinking about what happens with the CDA.
Okay, so we have two court cases going on, the Shea v. Reno case in NYC
and the coalition lawsuits combined in Philly.

What happens if the DoJ loses both the NYC and Philly cases and (as they
said they would) appeals to the Supreme Court. Won't they take the
weaker of the two cases, which is Shea's?

And what happens if we win but Shea loses -- does the DoJ appeal in
Philly and Shea appeals in NYC?

If we lose, does our appeal automatically go to the Supreme Court? The
language in the statute is unclear here -- it only specifices what
happens when the law is declared unconstitutional. But if it isn't,
can't the DoJ argue that our appeal should go to the Third Circuit
instead?

-Declan