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Will the Supreme Court hear the case? There are two schools of thought on this. One, no it won't, because the Fifth Circuit didn't find 18 U.S.C., § 922(g)(h) to be unconstitutional, so there's nothing for it to review. Two, yes it will, because we now have a situation where federal law varies from jurisdiction to jurisdiction. Remember, Circuit Court of Appeals rulings bind only the courts within the Circuit's geographical territory. The Fifth Circuit is only one of ten circuits. In three states the right to keep and bear arms has been found to be a constitutionally grounded and protected personal right; in the other 47, the meaning of the Second Amendment is still up in the air. Only a Supreme Court ruling can provide uniformity of law in all 50 states. Personally, I have a hunch the Supremes will take this case. But we'll just have to wait and see.

Personally, I think the SCOTUS will not hear this. The personal rights theory of the Second Amendmment-- which is what makes the Emerson decision so important-- is technically not in issue at this point. The Emerson majority thought the 2nd Amendment confers a personal right on individuals, and the minority thought it didn't, but the entire 5th Circuit panel agreed that the particular statute Dr. Emerson was charged with violating was constitutional, regardless of whether there is a personal RTKBA. And even the constitutionality of that particular statute is an issue the Court can easily duck, because Dr. Emerson has not yet been convicted; the 5th Circuit merely remanded his case for a trial. At trial, he might well be acquitted, which would moot the whole issue.

While it's not impossible that the court will take this case, I'd bet it won't.

...Dr. Emerson has not yet been convicted; the 5th Circuit merely remanded his case for a trial. At trial, he might well be acquitted, which would moot the whole issue.

You may well be right, LL, that SCOTUS will end up by taking a pass. They may be looking for a "cleaner" 2A case (if they're shopping for one in the first place, that is). But I have a question: On what basis could Dr. Emerson be acquitted on the remand, since the Fifth Circuit struck down Judge Cumming's ruling that 18 U.S.C., § 922(g)(h) is unconstitutional? In short, they have said -- by some stretch of the imagination I gather -- that 18 U.S.C., § 922(g)(h) is a reasonable "infringement" of the constitutional right to personal arms. I'm interested in your thoughts on this. best, bb.