To say the least.
I may have misunderstood something in the decision. It's 77 pages long and I was to the point of skimmimg when I neared the end of it. But, I thought I read that Judge Garwood noted near the end of the last page that the gun charge against Emerson had been dropped. I'll have to go back and check that out again. Because if Emerson is now not charged with violating the statute which was upheld by the 5th circuit, it wouldn't seem that he has standing for an appeal to the USSC.
OTOH, your analysis makes perfect sense IF he is still facing the federal charge, AND if Ashcroft's office wants Emerson appealed to the USSC where Garwood's opinion on the 2nd amendment issue could quite possibly be validated while at the same time securing a favorable ruling on the federal statute. This could be Ashcroft's vehicle for obtaining a 2nd amendment opinion from the high court favorable to his own interpretation while at the same time vigorously prosecuting a gun law violation to pacify moderates in the administration.
As you said, iiiiiiiinteresting.