Moloney & McIntyre Appeal Again

Boston College St. Ignatius GateEd Moloney and Anthony McIntyre have appealed from Judge Young’s decision dismissing their complaint against the government. The First Circuit has indicated that the appeal is to be consolidated, if possible, with the Moloney and McIntyre appeal from the judge’s earlier decision denying their motion for leave to intervene in Boston College’s motion to quash. Since that appeal is likely to be heard in March, be on the lookout for motions to set an expedited briefing schedule on the second appeal (if the parties wish to file separate briefs).

Boston College has some time yet to decide if it will appeal from Judge Young’s order regarding the additional materials to be turned over, but given what the First Circuit has said about the desirability of consolidating the appeals, my sense is that if we don’t see an appeal from the College soon, we won’t see one at all.

In other news, there will be a hearing on Feb. 1 here in Boston on the government’s motion for reconsideration of aspects of Judge Young’s order regarding the additional materials to be produced. I just met a major deadline today in my day job, so it is possible I will have time to attend. If so, I’ll report on what happens. No live blog this time, however!

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