Emerson Case Theory

N

Nestor Rivera

New member
A possible idea on Emmerson, if the court should decide after Jan 20 and agree with the trial judge, under a Bush DOJ there would probably (I hope) be no appeal to SCOTUS and thus be a big win for the RKBA. Maybe the Judges (most of which are Regan appointes I tnink) were considering this as the have delayed so long.

Just a Thought.
 
Since the 9th court has ruled against the 2nd Amendment, it really needs to go the SCOTUS. I hope it gets better than 5/4 there, but a win is a win.
 
IF the 5th rules in favor of Emerson on 2nd amend grounds (not at all the only posibility) then if it is not appealed to SCOTUS, then the ruling will only have effect in the 5th Circuit, Texas, Miss. and La. Fine for us, sad for the rest of you.
 
If the 5th says it is an idividual right protected by the contitution, then the 5th would be opposite other circuits and thus would that not create an Equal Protection problem and thus would HAVE to go to the SCOTUS?

Steve
 
If the 5th says it is an idividual right protected by the contitution, then the 5th would be opposite other circuits and thus would that not create an Equal Protection problem and thus would HAVE to go to the SCOTUS?
Click to expand...

No...at least I don't think that's the way it would work. An individual who was under 9th circuit jurisdiction (hmm, are there others?) would have to appeal a contrary decision based upon the 5th's ruling. Now that might be the method by which the 14th ammend could be invoked.

Any lawyers out there care to give an opinion?
 
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