[Volokh] Orin Kerr: DOJ Asks For Stay In *Comprehensive Drug Testing* Case:

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Posted by Orin Kerr:
DOJ Asks For Stay In *Comprehensive Drug Testing* Case:
http://volokh.com/archives/archive_2009_08_30-2009_09_05.shtml#1251917434


   The [1]AP reports on the latest update in the Comprehensive Drug
   Testing case:

       Federal prosecutors have asked an appeals court to stay its
     decision that government agents illegally seized the drug testing
     records and samples of more than 100 baseball players.
       The move could keep baseball's infamous drug list from being
     destroyed for at least a few months.
      &nbspIn a filing late Monday with the 9th U.S. Circuit Court of
     Appeals, the U.S. attorney's office in San Francisco said the
     Solicitor General, in consultation with the criminal division of
     the Justice Department and the U.S. attorney's office, was
     considering whether to ask the Supreme Court to review the
     decision.
       The deadline for a filing with the Supreme Court is Nov. 24.

   Nothing very surprising here, as this appears to be just a stay while
   the DOJ bigwigs figure out what to do next. Even outside the
   possibility of Supreme court review, trying to implement this decision
   would presumably require considerable restructuring of computer
   forensics practices throughout the Ninth Circuit if not the entire
   country. That would take time to try to do.

References

   1. http://hosted.ap.org/dynamic/stories/B/BBO_DRUG_LIST?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT