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Lame Duck March


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Posted

Is it any wonder that some of them are checking out at the end of this session??  They consistently ignore the SCOTUS and the Constitution and fail at every turn to do what is best for the country and their constituents!!

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Posted

The Cargill opinion which analogizes the fire control function of an semi-auto rifle and one with a bump stock accessory.  The ATF's regulation was an interpretation that had significant effects therefore violates the Major Question Doctrine from the 2022 WV v. EPA.  One could assume from WV v. EPA & 2023 Sackett v. EPA that Congress could implement a bump stock ban via statute.  However, Heller requires that to ban an arm it must be both dangerous & unusual and Bruen requires once the plaintiff provides evidence that the regulated arm is bearable and can be used for offense and/or defense the government must provide a minimum of 3 historical regulations that are equivalent or similar to challenged regulation. Historical means from the 1791 period and maybe prior to 1868.  For SCOTUS to not reject a statute banning bump stocks the majority would have to change the Heller & Bruen tests. Some inferior courts have gone out of their way to ignore Heller & Bruen by implying "military grade" arms aren't included in Noah Webster's 1807 & 1828 dictionary definition of arms.  All these judges are delaying the day when SCOTUS reviews an AWB case and like in Bruen justice Thomas tells them they are just playing Game Games*.  The sand bagging was done in hopes that a democrat is POTUS #47 when Thomas & Alito retire.  Nov 5th made the odds of that happening at 1 in a couple of million.  An AWB case will be heard in the 2024-2025 or 2025-2026 court session.   A case from the 4th circuit is in the certiorari hopper now.  Hopefully they will grant it before Christmas so it will be heard in 2025 with the opinion announced in the last we of June.  Otherwise those in AWB states will have to wait longer to regain their 2nd Amendment rights enjoyed by residents in other states.

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