At some point, the SC will have to take one of these cases, and answer the very question posed in this case.
Congressman Billybob
Boy, my strong support for your candidacy just went down a notch or two. Never pictured you as one of the "it's inevitable so lay down and enjoy it" types.
Let's pretend that I'm starting to understand this stuff.
Until SCOTUS actually takes up these cases, this ruling only applies to the DC area. And the Texas ruling would only apply in that Circuit area. And those of us in California are still stuck with the 9th Circus ruling.
Did I get it right?
With the difference being that the 5th circuit ruled against Emersson. The "individual right" interpretation in Emerson *could* be said, and has been by some, to be dicta. Not so in this case, the individual right interpretation is central to the ruling.
If the Supreme Court won't hear and resolve this clear difference between the circuits, they should all be impeached, and new set of Justices brought in who will do their job. (Yea, I know, not doing their job is not generally considered grounds for impeachment. But it should be! It's certainly not "Good Behavior".