I hope this guy is right and it really does reign in the government agencies, ATF, DHS, etc., that make up their own rules and regulations that go beyond legislative intent and what the actual law says. Then again, I am no legal eagle so I am not sure if he is reaching in finding his conclusions. What are your thoughts?
Did we get a win from the SCOTUS
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Did we get a win from the SCOTUS
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Re: Did we get a win from the SCOTUS
IANAL, but what he is saying definitely makes sense to me. I was not aware of the doctrine of Chevron deference, but that clearly sounds like a bad precedent since it essentially allows the executive to interpret law (which is the job of the judiciary), and / or make new law (which is the job of the legislative).
Re: Did we get a win from the SCOTUS
Sounds like a big win against what the ATF has been doing
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Re: Did we get a win from the SCOTUS
I think it is reaching to say it helps us in any way. There were questions of agency interpretation but SCOTUS did not mention anything about Chevron Deference in their decision. They also ruled that there was no law saying the rule could not be judicially reviewed, as the agency claimed. Personally, I thought Marbury v. Madison ended the idea that Congress could make any law not reviewable by the judiciary, but I am not a lawyer.
Steve Rothstein
Re: Did we get a win from the SCOTUS
There are more decisions coming down soon that will address regulatory overreach.
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“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch