Update on United States v. Auernheimer

Some readers have asked me about the oral argument schedule in United States v. Auernheimer, the Third Circuit appeal I am working on pro bono involving charges under the Computer Fraud and Abuse Act. Unfortunately, the case is somewhat stuck right now. Although all the briefs have been filed, the Third Circuit has yet to rule on the Government’s August 5th motion to file an oversized brief. Until the Court rules, the briefing schedule is stayed and the case isn’t moving forward. (The two sides agreed on a briefing schedule and filed briefs even though the briefing schedule was stayed, so we’re just waiting on a ruling.) My co-counsel and I today filed this letter again requesting the Third Circuit to lift the stay and allow the briefs, but until the Court rules the case is in a bit of a holding pattern.

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