U.S. v. Emerson - any news?

J

Jeff Thomas

New member
Well, I've looked for a link to this decision, and it doesn't come to hand right away. Maybe DC can help me out here.

But, I'm curious if anyone has heard any news about the decision? Last I heard, the U.S. Attorney's office must appeal Emerson to the Fifth Circuit Court of Appeals. Any news?
 
Not yet.

I'm unaware that appeal has even yet been filed.

Checking the political winds I suspect. My thoughts are that appeal won't be filed as it opens up Miller to overturning. The judge who found in favor of Emerson is a rogue atavist....how many have made decisions like him? The anti's would be smart to take that small loss instead of opening up Pandora's box.

------------------
"Quis custodiet ipsos custodes"
 
Actually, I was told by an attorney friend that the fed's have no choice in the matter. As he put it, this is a federal judge ruling a federal law unconstitutional. Therefore, the U.S. Attorney's office absolutely must appeal. We'll see. This one is a bit of a nail biter. But, it is a great opinion to read.

DC, do you have it on your site yet?
 
It is a great opinion to read. Available on either the CCRKBA site (www.ccrkba.org) or SAF site, i think.

A friend who is a litigator read it, and feels that it will be overturned, although I didn't really understand his brief theory. I'll press him for more. When I told him that, as an amateur, it seemed logical and good to me, he chastised me for thinking logically. He says the Supreme Court has made many unconstitutional rulings in the past with a wink and a nod by all parties. Tax laws, for example. He says that it is clearly unconstitutional to have to file a tax return, in essence being forced to incriminate yourself (5th amendment), but they (SCOTUS) have consistently supported the IRS on it.

I agree that some members of both sides may be wary of an appeal. It might give us, or them, a clear victory, and no one wants to lose in no uncertain terms.
 
Is Emerson the name of that doctor in texas who went to court having his firearms collected with going to trial.......
I dont think that law is a panacea for us at all.......dosent the law say...rights to UNREASONABLE search and seizure.... thats definitely open to interpretation...fubsy.
 
fubsy, check out DC's link to the opinion (thanks DC!). The most pertinent portion for us at TFL is that this is a federal judge ruling that the 2nd Amendment is an individual right. Not simply a right for state's to have the National Guard.

I know attorney's that on are both side of this issue as far as expectations, but the general suspicion is that the current makeup of the Supreme Court may lead to Emerson ultimately being overturned. OTOH, those same attorneys suspect that government officials would be concerned about public reaction if the 2nd Amendment truly was gutted.

I'm told this will likely end up at the Supreme Court in the Spring or Summer of 2000. In the meantime, we'll watch what happens at the Fifth Circuit Court of Appeals.

[This message has been edited by Jeff Thomas (edited June 19, 1999).]
 
You must log in or register to reply here.
Back
Top