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KEN PAXTON sues the ATF

Posted: Thu Feb 24, 2022 5:36 pm
by Paladin

Re: KEN PAXTON sues the ATF

Posted: Thu Feb 24, 2022 6:02 pm
by RoyGBiv
SCOTUS precedent is that something made locally does affect "Interstate Commerce", because it causes less consumption of similar goods made in other states.

This is pure theater. Unfortunately.

Re: KEN PAXTON sues the ATF

Posted: Thu Feb 24, 2022 8:25 pm
by Jago668
SCOTUS lets way too much stuff slip through interstate commerce.

Re: KEN PAXTON sues the ATF

Posted: Thu Feb 24, 2022 8:28 pm
by Paladin
RoyGBiv wrote: Thu Feb 24, 2022 6:02 pm SCOTUS precedent is that something made locally does affect "Interstate Commerce", because it causes less consumption of similar goods made in other states.

This is pure theater. Unfortunately.
That is precedent, but incorrect, authoritarian precedent. So its worth it to challenge the bad precedent alone.

Re: KEN PAXTON sues the ATF

Posted: Thu Feb 24, 2022 8:50 pm
by srothstein
Paladin wrote: Thu Feb 24, 2022 8:28 pm
RoyGBiv wrote: Thu Feb 24, 2022 6:02 pm SCOTUS precedent is that something made locally does affect "Interstate Commerce", because it causes less consumption of similar goods made in other states.

This is pure theater. Unfortunately.
That is precedent, but incorrect, authoritarian precedent. So its worth it to challenge the bad precedent alone.
:iagree: 100%

Re: KEN PAXTON sues the ATF

Posted: Fri Feb 25, 2022 8:43 am
by RoyGBiv
Paladin wrote: Thu Feb 24, 2022 8:28 pm
RoyGBiv wrote: Thu Feb 24, 2022 6:02 pm SCOTUS precedent is that something made locally does affect "Interstate Commerce", because it causes less consumption of similar goods made in other states.

This is pure theater. Unfortunately.
That is precedent, but incorrect, authoritarian precedent. So its worth it to challenge the bad precedent alone.
I agree, of course. But, a gun case is predestined to fail. It may even reinforce the bad precedent, because guns.

Re: KEN PAXTON sues the ATF

Posted: Fri Feb 25, 2022 9:57 am
by NotRPB
RoyGBiv wrote: Thu Feb 24, 2022 6:02 pm SCOTUS precedent is that something made locally does affect "Interstate Commerce", because it causes less consumption of similar goods made in other states.

This is pure theater. Unfortunately.
However, The logic/rationale might be ...it cannot cause "less" consumption of an item having "zero" consumption in other States ... as it's a banned item per the ATF ... right?

Re: KEN PAXTON sues the ATF

Posted: Fri Feb 25, 2022 5:20 pm
by seph
This is in response to HB957 passed last session. The attorney general is required to file this lawsuit.
First, a private citizen looking to manufacture Texas-made suppressors must first tell the state attorney general. Then, the attorney general would seek a declaratory judgment from a federal court that HB 957 complies with the U.S. Constitution.
Also, maybe this will the first salvo to revamp the commerce clause's current interpretation.