[William Tell]

robertpaulsen said: "Prefer? Liar. Show me where I said that or retract it."

No. If it's important to you, I suggest that you demonstrate otherwise. When you mention the Ninth, you quote elements of the decision as fact. When you quote Emerson from the Fifth, you focus on the claim that it is only "dicta".

If you are unwilling to have others on this forum judge the correctness of my statements without your comments, then feel free to add your comments.

[robertpaulsen]

Then you didn't read my post #352. A concurring 5th Circuit federal judge stated it was dicta. I had read elsewhere that it was considered dicta.

Time will tell as other similar cases come before the 5th. Then we'll see if they actually apply Emerson.