[epow]

OK, I did misread the last sentence of the decision. The state charges against Emerson were dropped, but the federal statute violation case is still alive. If I am understanding this correctly, the lower court must now reverse it's position on the validity of the statute, and Emerson's conviction will stand. That could very well mean an appeal to the USSC, and could also mean your analysis of the situation is right.

[Vigilant1]

Not my analysis, or Jim March's (from TFL), but Clayton Cramer's. In any case, if true, it's heartening to know there's at least a few strict contructionist judges on the federal appeals court working to reclaim our constitutional republic.