Parker v. DC decision in pdf
Here it is. And you can download the Parker pleadings and briefs here. And here's professor Volokh's take on a NY Times article on the case, which omitted Emerson and portrayed this as the only time a circuit court went with the individual rights view.
I'd guess DC will first try for an en banc rehearing (normally appellate cases are decided by a 3 judge panel; rehearing en banc means you get a hearing before the entire circuit, say 20 judges). Whoever loses there will go for cert.
And I'd give HIGH odds on a grant.
1. The last time a 2nd Amendment case went up, the Silvy.. Silvyera ... I forget how to spell it, the Supremes held a conference (private vote) and ordered the state to respond to the petition. Then they held a second conference and didn't take it. That tells me it was very close, there were enough fence-sitters to have granted it.
2. The Chief Justice in confirmation hearings showed a lot of interest and as much as said he'd vote for cert.
3. It's now two Circuits splitting for an individual right, not one.
4. The other Emerson, held for a right but found a way to uphold the statute. This time the statute was struck down, a much clearer conflict in terms of result.
5. It'll be all over the front page of the Washington Post tommorrow. Justices are human and read the papers.
UPDATE: it's interesting to note that the "shout 'fire' in a crowded theater" case has in fact been abandoned. The reason is that it overstated the rule -- and held some WWI lefties could be punished for handing out leaflets that told draftees should be aware of their rights. Aha -- if given the leaflets, they might be tempted to resist the draft, which would be illegal, hence the leafleteers could be imprisoned, since their conduct threatened to cause a breach of the laws, just as shouting 'fire' might lead to a panic and deaths. Nevermind that the intent in distributing the leaflets may not have been to cause a violation of the laws.
Yes, maybe shouting such a false warning might be forbidden today, but the extrapolation to any utterance that causes harm (however unintentionally or remotely) can be punished is no longer the case.