From Michael Cargill . . .
On Thursday at 10:30 pm 04-06-2023, with only minutes to spare, the DOJ filed a petition for a writ of certiorari. The DOJ is also asking for a stay against the Circuit Court’s ruling until the United States Supreme Court can decide whether to grant certiorari. The Fifth Circuit Court of Appeals en banc ruled 13-3 in favor of Cargill. The court remanded the case back to the District Court to rule in favor of Cargill and issue appropriate relief on 01-06-2023.
By ruling 13-3 in our favor, the Fifth Circuit reinforced the principle that the laws are to be written by Congress, not federal administrators. And if the Supreme Court agrees to hear the case, we are confident that it will uphold the Fifth Circuit’s decision,” says Michael Cargill.
Under our constitutional system, Congress makes the laws, not the Department of Justice or the ATF. Congress has banned “machine guns” but it has not banned bump stocks. Agencies like DOJ and ATF can’t just assume the power to rewrite the law, or our constitutional system and separation of powers with checks and balances will be gone.
For years, the ATF said that bump stocks were not machine guns under the law. Now it is saying the opposite, which means that hundreds of thousands of law-abiding Americans who relied on the ATF’s approval of bump stocks are suddenly felons. That’s not how the law in America should work.
Whether to ban bump stocks is a question—and a responsibility—that lies with Congress, not with agencies like DOJ and the ATF. If agencies take over that decision, then our government is no longer accountable to the people.
Neither the President nor the Department of Justice can act by executive fiat to change the law. Congress—and only Congress—can convert lawful activity into unlawful activity. But Congress has not banned bump stocks, so the ATF’s rule violates the Constitution.
“On Thursday at 10:30 pm 04-06-2023, with only minutes to spare, the DOJ filed a petition for a writ of certiorari. The DOJ is also asking for a stay against the Circuit Court’s ruling until the United States Supreme Court can decide whether to grant certiorari.”
…and may the response by the SCotUS be *The sound of crickets chirping softly*… 🙂
As much as I’d like for the SC to screw over the NFA and Chevron Deference in one case, I’d be fine with them denying cert to this case.
With the current court make-up, it’s a win either way, granting cert. or denying it.
One year ago, I couldn’t have *dreamed* saying something like that concerning the 2A and the High Court.
Thank God above for Trump’s 2016 win and court pics… 🙂
Yep, the DOJ knows it can’t win and so waited to the last minute to keep freedom away from as many as possible for as long as possible. Thank God Garland didn’t get even a hearing before the Senate on his Supreme Court appointment by Obama.
Remember how those liars sold him as a moderate?
He’s a moderate in every way that doesn’t matter.
“With the current court make-up, it’s a win either way, granting cert. or denying it.”
How so? Denying cert leaves this AFT overreach intact everywhere but the 5th circuit.
But now they are going after Thomas “HARD”, Braindead wants another SCOTUS pick so now they are setting traps and changing rules… They are some slimy fuks, Brainead disparaged Thomas at his confirmation and now his minions are trying to force him out, hope he has enough sense to stay away from remote hunting lodges…
Maybe that’s the ploy… ” Hey, wait a minute, you set a precedent in the bumpstock ruling, but now”…..
Hoping to st up a stronger legal framework to further limit government overreach at multiple levels?
The problem with that is that it will allow circuit splits, with the stock legal in some circuits and banned in others because a denial of cert is not a decision on the merits.
If they grant cert (which would be pretty likely given there is a circuit-split), then this could essentially knock out (in a good way) all of these ATF rule-making cases – braces, receivers, FRTs in one fell swoop. At least then, the home team can then take on the bigger issues, like NFA, GCA, etc. Man it’s a good time to be POTG.
I think the real issue is doing away with the ATF and destroying their records and databases. They are obsolete and , like the rest of the fed, have abused their authority.
It all Circles back to Gun Control not being Defined by its History. Defining Gun Control for what History confirms it to be is the duty and responsibility of those who claim to be on point defending the 2A.
Anything less than Defining Gun Control by its History provides standing in court for an agenda rooted in racism and genocide.
Gun Control is like what’s under a car hood. If you open the hood you best know what you are looking at otherwise you will look like a dumbazz talking about it.
Most politicians THRIVE on looking like a dumbass, it’s what keeps the lazy low information voter sending them back to DC. Right wrong or otherwise does not matter, just get on TV and make some kind of noise…
Yea it’s marketing.
Essentially saying “this one failed, but I have a plan to do it the same… but different! I swear… just give your vote to find out how.”
It’s like a bad infomercial at the expense of the tax payers.
Yep, marketing. The thing that blows my mind is that it works – I don’t get it. I don’t like peanut butter and chocolate. I know, that makes me weird but, given that, there is no amount of advertising that Resse’s can produce to motivate me to eat a peanut butter cup. Similarly, there is no amount of stupid rhetoric that a politician can spew to make me vote for them if I don’t approve of their policy positions. I’ve never really understood why advertising drives so much of our modern world – I guess I am just abnormal because I don’t have a desire to buy the latest thing.
How many times are they allowed to do this stuff before it’s ruled unconstitutional and they are held accountable? There is zero accountability. Win one court battle – prepare for the rest of your life to fight nothing but court battles because they are salty sore losers that never actually feel the loss. Time to make them feel the loss. This isn’t a fucking sport. Your actions have repercussions.
There never is. Watch John Kirby answering question about the Afghanistan withdrawal report. He actually said, “This wasn’t about accountability.” Of course it wasn’t. It never is. Who got fired for saying there would be no inflation, then it will only be transitory, then okay, it’s going to be painful for awhile?
This is how even the dumbest among us should know the Get Trump movement is nothing more than a witch hunt. There is no real government accountability.
“Neither the President nor the Department of Justice can act by executive fiat to change the law.”
Yes, they can, and do, rather frequently, with the blessing of the judicial system.
Big Brother will not attack it’s self !
Congress has been abdicating their authority bit by bit for the last 90 years… Now they’ve all but totally forgotten why they are there except to raise money for the next election cycle and draw a fat paycheck…
Yep, a nice easy paid vacation and hope I get re elected.
“Congress has been abdicating their authority bit by bit…”
Seems to be a viable way of life.
@Eric in Oregon
“He’s a moderate in every way that doesn’t matter.”
That is a multi-useful phrase.
Of course, I thought it first, but was too lazy to put it into the blogosphere. Henceforth, I, claim it for my own, and will charge a use fee for anyone employing it.
They lost THIRTEEN TO THREE and still appealed it.
These people are delusional.
Probably thinking 6-3 sounds better…