[betty boop]

I suspect the SCOTUS will take the case. If so, I also expect it will rule 5-4 in favor of the individual right to keep and bear arms, and it will also rule 5-4 in favor of declaring the Federal statute at issue here unconstitutional. The wailing and whining after that happens should be quite entertaining.

sourcery, that's my take on this, too. Justice Thomas has clearly signalled his willingness to hear a Second Amendment case (although this is, strictly speaking, a Fifth Amendment case, though it has clear bearing on the Second; so it may not be the "right case"). I think Chief Justice Rehnquist, and Justices Scalia, O'Connor, and Ginsberg may be not necessarily averse. Justice Stevens -- a huge Fourteenth Amendment proponent -- will likely be retiring soon, so may want to go out with something "big" to "really remember him by." Justice Kennedy may be on-board. Souter -- God bless him -- would probably write the minority opinion. Breyer would join the minority. :^)

So much for my "handicapping." But this is all pure speculation, isn't it? Still, I'm glad you've seen it the way I did. Thank you so much for writing, sourcery. best, bb.

[KrisKrinkle]

My sense is that the "fix" was in. By that I mean that the fifth circuit laid out the "individual right" case so thouroughly and then let the Emerson verdict stand on such a thin thread, relatively speaking, that it's almost like they were inducing Emerson to appeal to the SCOTUS. If they had found completely in favor of Emerson, I doubt the government side would have appealed to SCOTUS for a number of reasons.

What I don't have a sense about is whether or not SCOTUS was in on the fix. I don't know if these guys talk to each other that much.