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Supreme Court Declines To Hear Emerson Case
Posted on June 14, 2002
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On Monday, the
Supreme Court of the United States
declined without comment to hear
U.S.
v.
Emerson
. And while the decision is bad news for the defendant, the non-ruling in the
Emerson
case does mean that the
5th Circuit Court’s
finding that the Second Amendment protects an individual right will stand. Furthermore, when the
Bush Department of Justice
(DOJ) submitted its
Emerson
briefs, it included statements that our Right to Keep and Bear Arms is clearly an individual right protected by the Constitution, which can also be used in legal arguments against unconstitutional gun control laws. As
NRA-ILA Executive Director Chris Cox
explained to
The New York Times
, NRA was not concerned with the Supreme Court’s lack of decisive action, as "our client is the Second Amendment." Cox went on to say, "The Second Amendment won" when the Bush Administration made clear it supports the correct view that the right to arms is an individual, protected right.
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