September 2, 2007

U.S. Court of Appeals Orders
Oral Arguments For September 18th

On Thursday, August 30, 2007, as we reported in the previous article, the United States Court of Appeals ruled that WTP does not have to turn over to the Government any information identifying people who have obtained materials from or donated money to WTP.

On Friday, August 31, 2007, the United States Court of Appeals issued a three-part order:

The Court added WTP’s motion for a stay of Judge McAvoy’s entire injunction order and to expedite the appeal to the substantive motions calendar for September 18, 2007.

In addition, the Court decided it wants to hear oral arguments on September 18, 2007.

Finally, the Court directed the Government to submit its written response to WTP’s emergency motion ASAP. 

 “We are very pleased with the way the 2nd Circuit has been responding to our case,” said Bob Schulz. “We fully expect that on September 18, or shortly thereafter, the Court will grant our motion to stay the lower Court’s injunction order, allowing WTP to turn on its website, without fear of being held in contempt of Court by Judge McAvoy. We also expect the Appeals Court to expedite our appeal from the District Court’s order, by setting a tight briefing schedule.  Finally, we expect to prevail on the appeal: we expect the Appeals Court will reverse the lower Court’s summary judgment order and dismiss the case. We expect the Court to see the transparent motive of the Government to use WTP’s Speech related to the Blue Folder as a front, or pretext for its real objective -- to fully silence WTP and thereby shut down the Right to Petition program.” 

We gratefully acknowledge the warm response we have been receiving to our call last Friday for donations, and we respectfully request that everyone carefully consider sending a donation – either a monthly or a one-time donation. We have much to do and pay for as we prepare to file our landmark Right to Petition case with the United States Supreme Court, and as we appeal from Judge McAvoy’s order.

Here is the text of the Court’s order entered on Friday, August 31, 2007: 

8/31/07 Motion for stay of injunctive order and to
            expedite the appeal has been added to the
            substantive motions calendar for September
            18, 2007**TO BE ARGUED**; any responsive
            papers to calendar ASAP. [Entry date Aug 31 2007]  [JC]