[Congressman Billybob]

You got it precisely right. That's why the SC should have taken the Emerson case a year ago, to eliminate the conflict among the Circuit Courts. It didn't, and the conflict will stay there until the SC takes a case and settles the issue.

I would hope that either Justice Ginsburg or Justice Stevens are gone and replaced by a new Bush appointee before that happens. Right now, I worry about the outcome of that SC case if Justice Kennedy is the "swing" vote. If Bush makes a new appointment -- confirmed by the Senate or as a recess appointment -- in the mold of Alito and Roberts, I would not worry about the outcome of that case.

John / Billybob

[Atlas Sneezed]

the SC should have taken the Emerson case a year ago, to eliminate the conflict among the Circuit Courts

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My understanding is that the individual rights part of Emerson was dicta, because it was not needed to uphold Emerson's conviction, as the holding did. That made is easy for the SC to duck. Harder in this case when individual rights was a key essential element of the holding.