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US v Emerson
The United States Fifth Circuit Court of Appeals ^ | 16 October 2001 | Judge Garwood

Posted on 10/16/2001 1:00:48 PM PDT by 45Auto

The United States appeals the district court's dismissal of the indictment of Defendant-Appellee Dr. Timothy Joe Emerson (Emerson) for violating 18 U.S.C. § 922(g)(8)(C)(ii). The district court held that section 922(g)(8)(C)(ii) was unconstitutional on its face under the Second Amendment and as applied to Emerson under the Due Process Clause of the Fifth Amendment. We reverse and remand.


TOPICS: Announcements; Constitution/Conservatism
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To: Mason; Jeff Head; OWK; Travis McGee; MileHi; dbwz; *bang_list
I'm not counting on anything. The Leftists in the Judiciary will continue to ignore the Second Amendment's protection of a fundamental right. SCOTUS will ultimately have to decide the issue; and I'm pretty damn confident which way it will go for a number of reasons. First, there are too many "privacy" cases that the Left favors which would be successfully challenged if the Second Amendment is somehow tortured to mean anything but a fundamental, individual right.

Second, and I've posted this before on other discussions regarding this subject:

If the SCOTUS were to ignore the plain meaning of the Second Amendment; or was to come up with a revisionist - "times have changed" justification for ignoring the plain meaning of the Second Amendment - then my oath as an attorney, and in my current job, which requires that I protect the Constitution, would require me to determine that this country is no longer being lawfully governed and I would fight to my last breath to restore a Constitutional Republic as required by my oaths.

There are maybe 80 - 100 million more people like me, many are police and military. The SCOTUS and every other legal scholar are damn well aware of this sentiment. While some on the SCOTUS might be your typical leftist, Socialist pukes, they aren't that stupid - to openly invite the destruction of this country.

The Leftist Courts have painted themselves into a judicial corner since FDR threatened to pack the Court with all their "progressive" decisions, all the while ignoring the one Amendment that will ultimately prove to be the means to preserve our Country from the present slide into Socialism.

By the way, this is the very reason it exists, to give all three branches of Government pause regarding how they execute their duties.

281 posted on 10/22/2001 4:51:51 AM PDT by Abundy
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To: dbwz
Oh yeah...Emerson is a figurative hole in the dike that is the start of the destruction of the dike.

Get ready.

And that comment was in no means a bad pun regarding alternate lifestylers....

282 posted on 10/22/2001 4:54:28 AM PDT by Abundy
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To: Abundy
Push comes to shove, I would bet on the side with the ten million scoped deer rifles.

The commie pinkos are stupid, but not THAT stupid.

Rule 308

283 posted on 10/22/2001 8:26:43 AM PDT by Travis McGee
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