Yes, we did - we were contractually obligated to. They were difficult to make, however (for technical reasons I won't elaborate on), and when we tried to make a final back-up a couple days before D-Day, we weren't able to successfully make a complete one.
But… all that content is copyrighted. We're not going to share it because it's not ours and we don't want to get sued. It's as simple as that. Sorry, but lawsuits just aren't a whole lot of fun (as the ER folks themselves can probably attest).
Seeing the site go down was as much a surprise to us as it was to everyone else - we didn't pull the switch. That was all SecNat's IT crew (who, AFAIK, also made their own back-ups).
Hopefully, someone at SN will make the right decision and bring the site back online. But if they want to take it down forever, it's their prerogative to do so.
I'm trying to figure out what's going to happen to the ER's web site… I don't think that's been decided by anyone yet. I'm hoping they'll at least keep site up for a while as a source of archives.
I've heard that the ER's opinion pages in the TS is actually part of a settlement of the TS/ER lawsuit, but that may be just conjecture.
Re: “If you pine for the old ER”
Also, it's probably not much help, but I noticed that Archive.org does have the site in its cache, though the most recent version seems to be from February:
http://web.archive.org/web/*/http://eurekareporter.com/