Reply #143: Open your eyes, open your brain. [View All]

The verbiage about the Second Amendment in Emerson 2001 had no bearing on the decision. Read the part of that decision where it discusses the application of the Second Amendment to the case - it says that the Second Amendment DOES NOT APPLY. Therefore, since the Second Amendment "reasoning" had no part in the decision, the case could not be overturned to correct that reasoning. What part of this do you not understand? I'm not making anything up. A higher court can only overturn a decision. They can't overturn some of the verbiage but affirm the decision.

Why would the Supreme Court overturn the decision? It was already ruled AGAINST Emerson. The appeals court already found that Emerson's Second Amendment argument was WITHOUT MERIT. I'm not making that up either, that's a direct quote.

And the 2001 Emerson decision admitted that the "individual rights" interpretation of the Second Amendment had not been embraced by any of the other circuits. It's right there if you care to read it.