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update on opt-in

By Karl R. Keys, Esq.

The Bush Administration?s proposed regulations governing opt-in have been enjoined, at least for now.   The TRO was issued on an application by the Habeas Corpus Resource Center.  Habeas Corpus Resource Center v. U.S. Department of Justice, No. C 08-2649 CW (N.D. Cal.): For the reasons stated in open court, Defendants are temporarily restrained and enjoined from making effective the rule entitled ?Certification Process for State Capital Counsel Systems,? published at 73 Fed. Reg. 75,327 (Dec. 11, 2008), without first providing an additional comment period of at least thirty days and publishing  a response to any comments received during such period. This temporary restraining order will remain in effect until January 22, 2009, unless it is first superseded by a preliminary injunction...continue to full post

Full post as published by Capital Defense Weekly on January 20, 2009 (boomark / email).