April 5, 2019


Supreme Court Refuses to Block Bump Stock Ban Over Thomas and Gorsuch's Dissent (MARK JOSEPH STERN, APRIL 05, 2019, Slate)

[T]homas and Gorsuch may be irritated that the D.C. Circuit upheld the rule by applying Chevron deference. Both justices publicly oppose this doctrine, which they recently decried as "letting an interested party [an executive branch agency] ... dictate an inferior interpretation of the law that may be more the product of politics than a scrupulous reading of the statute." Thomas and Gorsuch would prefer that a court "buckles down to its job of saying what the law is" without deferring to the government's reading of an ambiguous measure. By deferring to the Trump administration's view of the federal machine gun ban, the D.C. Circuit surely rankled both justices.

Regardless of the dissenters' views, it's apparent that there is little appetite by a majority of the court to protect a device that aided a recent, horrific, and notorious massacre. Chief Justice John Roberts, Justice Samuel Alito, and Justice Brett Kavanaugh do not seem eager to use this case to bolster the Second Amendment or curtail Chevron deference. And so hundreds of thousands of gun owners will now need to dispose of their bump stocks--or become federal criminals. 

Which is a limitation on guns.
Posted by at April 5, 2019 4:45 PM


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