Posted by Orin Kerr:
Government Files Notice of Appeal in Lori Drew Case:

   Today Assistant U.S. Attorney Mark Krause, the prosecutor in the Lori
   Drew case, [1]filed a notice of appeal of the [2]District Court's
   decision granting the motion to dismiss. It's important to note that
   this does not mean the case will actually be appealed. The
   [3]Solicitor General must approve the decision to appeal for it to go
   forward, and this may simply be a protective notice in light of the
   fact that the government has 30 days to file a notice of appeal under
   the federal rules.
     It is also worth noting that just ten days ago, the Ninth Circuit
   rejected the line of cases that the government relied on in the Lori
   Drew prosecution in a civil case, [4]LVRC Holdings v. Brekka. This is
   particularly interesting because in Drew, Judge Wu accepted the
   government's broad reading of the statute as a matter of statutory
   interpretation; he only dismissed the case because of the
   constitutional vagueness problem. Under Brekka, however, the Ninth
   Circuit seems to have rejected the Government's very broad reading of
   the statute as a matter of statutory interpretation.
     In any event, if the Government does in fact appeal the Drew case, I
   plan to work on the appeal.


   1. file://localhost/files/DrewNoticeofAppeal.pdf

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