To: Beelzebubba
In Emerson, they found that he DID have an individual right - which, under very specific circumstances which he met, could be suspended.
284 posted on
03/09/2007 11:11:55 AM PST by
ctdonath2
(The color blue tastes like the square root of 0?)
To: ctdonath2
In Emerson, they found that he DID have an individual right - which, under very specific circumstances which he met, could be suspended.
They can say all they want, but they did not need to find an individual right to uphold his conviction, which they did.
That's dicta, and it is why today's ruling means something much more. Now, we have a real split among the circuits. The Supreme Court can ignore differences in dicta, but not differences in holdings.
330 posted on
03/09/2007 11:38:23 AM PST by
Atlas Sneezed
(Your FRiendly FReeper Patent Attorney)
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