There were two court cases today that continue to eat away at the Chevron doctrine, which if you forgot comes from a Supreme Court case that essentially ruled that courts have to defer to decisions of administrative agencies when interpreting enabling statutes.
The first is a Supreme Court decision authored by Justice Thomas on the rule prohibiting bump stocks. It’s not surprising that he would author this opinion because as I have previously stated he is the leading voice calling for the repeal of Chevron. Now what are bump stocks? They are a device when used with a semiautomatic weapon makes it a faster semiautomatic weapon, but as Thomas points out it’s still a semiautomatic weapon. Thomas points out that machine guns have long been illegal and the difference which I discussed previously is that machine guns and all automatic weapons fire continuously as long as you hold the trigger down. Semiautomatic weapons automatically chamber the next bullet after you pull the trigger but require you to pull the trigger to fire every time. Thomas correctly noted that the ATF exceeded its authority by declaring bump stock weapons as automatic weapons because as I just explained they are not automatic weapons. You still have to pull the trigger individually for each shot. Apparently it allows you to do it quicker but you still have to do it and therefore it’s not automatic and the ATF exceeded its authority.
For a brief history of how this all came about check out the paragraphs printed below. I wanted to just post the link but apparently Forbes wouldn’t let me. I’m pretty sure that you will be reminded that this was Trump’s ATF not Magoo’s.
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Bump Stocks: What To Know About Controversy Over Gun Devices As Supreme Court Drops Ban
Alison DurkeeForbes StaffAlison is a senior news reporter covering US politics and legal news.Follow1Jun 14, 2024,01:15pm EDT
TOPLINE
The Supreme Court struck down a Trump-era ban on “bump stocks” for guns on Friday—devices that allow a semi-automatic rifle to fire shots rapidly, mimicking a machine gun—reviving a years-old controversy over the devices after they first came under scrutiny following the 2017 Las Vegas mass shooting.
TIMELINE
June 7, 2010In a letter to bump stock manufacturer Slide Fire Solutions, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confirms it’s evaluated the company’s bump stocks and determined they are regulated as a firearm part, not a machine gun—which would make them illegal under federal law.
October 1, 2017A gunman opens fire at the Route 91 Harvest Festival in Las Vegas using a firearm equipped with a bump stock, killing 60 people and injuring more than 400—the deadliest shooting in modern U.S. history.
October 5, 2017Amid calls from lawmakers to regulate the devices—including some Republicans—the National Rifle Association issues a statement saying it believes bump stocks “should be subject to additional regulations” (it has since backed overturning the ban).
October 10, 2017A bipartisan group of lawmakers introducelegislation to ban the devices, but a day later, then-House Speaker Paul Ryan, R-Wis., urges the government to restrict bump stocks using regulations instead.
December 26, 2017The ATF publishes a proposed rule that would reclassify bump stocks as machine guns, which would ban them under federal law.https://www.google.com/recaptcha/api2/anchor?ar=1&k=6LeLC2wpAAAAAHxdEQ59hxseRouCtGrCo22PUjuu&co=aHR0cHM6Ly93d3cuZm9yYmVzLmNvbTo0NDM.&hl=en&v=TqxSU0dsOd2Q9IbI7CpFnJLD&size=invisible&cb=7bflnbkrxwez
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February 20, 2018Then-President Donald Trump issues a memorandum calling on the Justice Department to “dedicate all available resources” to reviewing comments on the proposed rule and coming up with a final proposal to ban bump stocks.
December 18, 2018The Justice Department announces its final rule banning bump stocks through the ATF, saying it’s “faithfully following President Trump’s leadership by making clear that bump stocks, which turn semiautomatics into machine guns, are illegal.”
March 26, 2019The final rule banning bump stocks takes effect, with all bump stock owners having to either destroy their bump stocks by that date or turn them into the ATF—and gun owner Michael Cargill immediately files a federal lawsuit challenging the ban.
November 23, 2020A federal district judge rules against Cargill.
January 6, 2023A federal appeals court strikes down the bump stock ban, after several other appeals court rulings upheld it—leading the dispute to make its way to the Supreme Court.
June 14, 2024The Supreme Court rules 6-3 that the ATF exceeded its authority when it banned bump stocks, striking down the federal rule.
Now the second case was out of a federal district court in Louisiana and it enjoined the enforcement of Magoo’s attempt to bastardize Tile IX by declaring gender as stated in the statute included gender identity. The judge correctly pointed out that when Title IX was passed, gender only meant male or female. And if you look up anything about the case you will see the judge wasn’t kind in his take down of the brazen attempt to rewrite the statute by executive fiat.
Now as I’m sure you can guess the left lost its mind declaring that the change was necessary to protect transgender rights. There are two things that you can take away from this. First the left knows that they are impermissibly administratively rewriting statutes and second they know they can’t get their nonsense through Congress so they go hair on fire crazy every time they get caught subverting the law.