[NovemberCharlie]

I totaly agree. Ashcroft can instruct his lawyers to appeal it to SCOTUS but they won't rigorously offer an argument against the case.

No, he can't. The government won, so they can't appeal. Emerson, on the other hand, can, and can spare Ashcroft the embarrasment of picking a case just so he can play to lose. Ironic.

[BOBWADE]

Did the gov't win, sounds like it was remanded and not necessarily reversed. Hard to tell without the actual order to read. I was assuming that the remand was not really a victory for anyone. Have you read the decision? can you post a transcript or link to it? I would be very interested to see it.

[sailor4321]

Since Emerson won his argument about the 2nd being an individual right I don't think he can appeal that part. Nor would it be relevant to an appeal by him of the parts he lost.