Emerson case status?

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Brett Bellmore

New member
I've heard a rumor to the effect that the Supreme court is going to hear the Emerson case. Of course, this was a passing comment in National Review's "GIGO" forum, and might just represent wishful thinking.

Anyway, it got me to wondering; Just where does this case stand right now?

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Sic semper tyranus!
 
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alan

New member
Last I heard, it was appealed by the government, scheduled to be heard in 5th Circut Court, New Orleans.

Ultimately, this case might get to the U.S.S.C., however they do not have to hear any particular case, as you likely know. Who knows how they would react to this one. I certainly do not.
 
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bookkie

New member
Brett:

My understanding of the Emerson case is that the brief's have been filed by both sides now. The actual date for a ruling has not been set. It is still on the docket of the 5th district so doubt that the SC has agreed to hear it. They are supposed to be hashing over if the justices will listen to verbal arguments or not. Emerson's side wants to present oral arguments as some things can just be said better than written. It will be awhile before we hear anything further.

As a side note, I have have three briefs for the defense, one from Emerson the one from SAF and one from Texas Rifle and Pistol Association. If anyone has others (over 30 have been filed in behalf of Emerson), could you please post it here or a link to where I can find it. I'm really interested in seeing what Halbrook filed.

Thanks,



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Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
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Alan B

New member
The if it goes to the Supreme court they will not undertake a review of it no matter which way the ruling goes in the 5th circuit.

Its a double edged sword.

If they rule with the Texas court, then the 2nd is an individual right. Most of the gun laws and alot of the other infringments on the bill of rights goes down the tubes.

If they rule aginst the Texas court then you might as well tear the bill of rights up right then and there, as they don't guarantee squat. They can infring with impunity on any of the bill of rights.


Either way they lose

[This message has been edited by Alan B (edited January 05, 2000).]
 
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Pthfndr

New member
Someone posted yesterday on AR15.com that the 5th Circut court ruled for Emerson this week. I have not yet been able to confirm this on the the 5th courts opinion web site so I do not know if this is factual.
 
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Piggy

New member
HCI's reasoning..

"The court misinterpereted the history of firearms regulations that preceeded the drafting of the 2nd Ammendment.....In keeping with english tradition, this country regulated gun posession before and after the American Revolution. In the mid 18th century, Maryland forbade gun ownership by Catholics.."

My head is still spinning here. Are these folks for real?
 
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Brett Bellmore

New member
Pthfndr: That's just a rummor; The case is continuing the regular course, briefs have all been filed now, and we're just waiting for the court to get around to hearing it. I'd hear the same rummor, (That's why I started this thread.) but ultimately it turns out to have been a case of people playing "telephone" with a minor legal issue.

Alan: I'll agree with you to this extent: If the Supremes want to avoid ruling on the 2nd amendment, they can find some pretext, no matter how the Emerson case comes out. It works to our advantage ONLY if the Supreme court is ready to end their policy of malign neglect, and actually issue 2nd amendment rulings. If that's the case, Emerson becomes an excellent vehicle. Takes at least four Justices to force the court to take a case. I'd venture to say we have Thomas and Scalia on our side, that's two. Whether we have any more I don't know, but I DO know that they've struck down gun control laws they could have found some stupid excuse to uphold. So there's hope yet!

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Sic semper tyranus!
 
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