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tomder55 · Jun 15, 2024, 02:47 AM

The compliant press reports that a Trump-era gun control measure was overturned by the extreme conservative SCOTUS .

Supreme Court strikes down Trump-era ban on bump stocks | CNN Politics

Supreme Court Rejects Trump-Era Ban on Gun Bump Stocks - The New York Times (nytimes.com)

They want you to believe that this was a blow to the 2nd amendment.
The case had nothing to do with the 2nd Amendment. Yes Trump succumbed to the pressure to ban bump stock after the Las Vegas 2017 mass shooting that killed 58 people.
The problem however was not if bump stock can be banned . The problem was the regulatory process that was used.

22-976 Garland v. Cargill (06/14/2024) (supremecourt.gov)

Garland v Cargill was a reversal of bureaucratic over reach......about executive changing the law without Congressional approval.

“This decision helps reign in an out-of-control federal government that has no respect for the People of the United States or our rights,” said FPC President and FPCAF Chairman Brandon Combs. “The President cannot change the law to fit his policy preferences and the ATF cannot be turned into his personal gestapo. We fought President Trump’s lawless and unconstitutional actions from day one. And the Supreme Court’s decision today proves we were right all along.”

FPC, FPCAF Statement on SCOTUS ‘Bump Stock’ Decision - Firearms Policy Coalition

If Congress wants to change the definition of what is a machine gun ;or if they want to ban bump stock they can change the law to reflect that. It is not up to the President or the unelected regulatory branch to do that .

This is a good decision that goes well beyond the issue of gun control.

I have long argued against EOs as they are over reach that violated the whole concept of separation of power. Trump's EOs were no different if they were outside of his executive power. This bump stock rule was one of those times where he exceeded his authority .

Even Dem Sen Feinstein ;who was very pro-gun control understood the issue better than Trump or his so called conservative AG Jeff Sessions.
Senator Dianne Feinstein on X: "The ATF lacks authority under the law to ban bump-fire stocks. Period. Legislation is the only answer and Congress shouldn’t pass the buck." / X

tomder55 · Jun 22, 2024, 03:55 AM

Shmuck Shumer is introducing legislation to ban bump stock . As noted ;that is the correct government response if there is a consensus to ban them . This is a matter of regulatory overreach ;not a second amendment issue.
I hope this ruling is a prelude to SCOTUS ending "Chevron deference" next week.

The court’s three liberal justices expressed support for keeping the doctrine in place. Justice Elena Kagan repeatedly suggested that federal agencies, with their scientific and technical expertise, are better suited than courts to resolve ambiguities in a federal statute.......

But Justice Brett Kavanaugh saw Chevron’s deference to agencies differently. Chevron, he complained, “ushers in shocks to the system every four or eight years when a new administration comes in” and implements “massive change” in areas like securities law, communications law, and environmental law.
Justice Neil Gorsuch told Prelogar that he was less concerned about businesses subject to changing regulations, observing that the companies “can take care of themselves” and seek relief through the political process. Instead, Gorsuch pointed to less powerful individuals who may be affected by the actions of federal agencies, such as immigrants, veterans seeking benefits, and Social Security claimants. In those cases, Gorsuch stressed, Chevron virtually always works for the agencies and against the “little guy.”

Supreme Court likely to discard Chevron - SCOTUSblog

Forget changes of administration ;the real impact is that Chevron allows for the regulation to flip from one interpretation to another given the wisdom or the whim of a given judge or court .
The Constitution made it very clear in Article 1 that Congress had the sole power to make law. Chevron gave them an excuse to not do their job.

tomder55 · Jun 23, 2024, 01:46 PM

American people need to think ahead. Assuming SCOTUS ends the "Chevron deference" that means that the Constitutional power of Congress will be restored beginning with the 119th Congress being elected this year and being seated Jan3,2025.

Congress has gotten away with skating because Chevron allowed the balance of power to shift to the politically appointed permanent deep state of the executive branch.

The next Congress will need to resume their role of legit lawmakers and guardians of the nation's purse ;as well as a real check against executive and judicial excess

It is critical then that we elect the right representatives. Right now too many of them look like they just climbed out of a clown car.

jlisenbe · Jun 23, 2024, 04:56 PM

Great post, Tom. I just don't know that the American people are still capable of self-governance. It has all boiled down to whoever will give away the most toys.

tomder55 · Jun 24, 2024, 03:02 AM

Let's start with the Repubs . They need to clean their own house. Start with perennial investigated ;member of the coalition of idiots ,Matt Gaetz . He led the successful ouster of Speaker Kevin McCarthy in large part because he blamed him for all of the continued ethics investigations.

Gaetz praised new Speaker Mike Johnson . Guess what ....... the ethics investigations of Gaetz continues and expands. Accusations include illicit drug use and sexual misconduct including trafficking ;giving special favors to friends ;accepting improper gifts ;and obstructing the investigation against him.

Now innocent until proven guilty put aside; the charges look compelling . Although no official charges were placed on Gaetz ;his good friend Joel Greenburg ;a former tax collector, was charged and found guilty in the sexual cases.

Joel Greenberg sentenced to 11 years after cooperating with federal probe into Matt Gaetz | CNN Politics

Specifically Gaetz was investigated by the DOJ for transporting a minor across state lines for the purpose of sex .

More witnesses have stepped forward making allegations against Gaetz.

Matt Gaetz attended 2017 party where minor and drugs were present, woman's sworn statement obtained by Congress claims - ABC News (go.com)

Allegedly he shared porn photos and videos on the House floor .

Representative Gaetz has categorically denied all of the allegations before the Committee. Notwithstanding the difficulty in obtaining relevant information from Representative Gaetz and others, the Committee has spoken with more than a dozen witnesses, issued 25 subpoenas, and reviewed thousands of pages of documents in this matter. Based on its review to date, the Committee has determined that certain of the allegations merit continued review. During the course of its investigation, the Committee has also identified additional allegations that merit review.

Statement Regarding the Matter of Representative Matt Gaetz | House Committee on Ethics

The committee officially called the Office of Congressional Ethics (OCE) is perhaps the only non-partisan committee in the House. It is composed of appointed members from both parties .Serving on it is a thankless task. Unlike other committees equal number of Reps sit from each party .

Now I know that he being reelected would help the Repubs retain their very thin majority .
But wow ! Hopefully he gets primaried out despite Trump's endorsement . His opponent is solid.
Aaron Dimmock is a former Navy aviator Captain and now a business consultant. He has Masters degrees from Georgetown U and the Naval War college. He is not perfect . He would be a moderate Repub . In the business world he spoke favorably about diversity and inclusion.
But he has never been investigated for sexual misconduct.

jlisenbe · Jun 24, 2024, 04:15 AM

What a choice. A sleazebag vs. a dem in republican sheep's clothing. It reminds me of the current presidential campaign.

tomder55 · Jun 24, 2024, 05:06 AM

The choice is even worse when considering the Dem alternative.Gay Valimont is an anti-gun activist member of 'Moms Demand Action'. That is really her sole position. The district is Repub and whoever the Repubs select will win. I think it will be Gaetz .

The choice is even worse when considering the Dem alternative.Gay Valimont is an anti-gun activist member of 'Moms Demand Action'. That is really her sole position. The district is Repub and whoever the Repubs select will win. I think it will be Gaetz .