Could SCOTUS ring in a death nell for the ATF and other interpretive agencies?

[KG1]

Supreme Court poised to end ‘constitutional revolution’ that’s marred US governance for 40 years

When Justice John Paul Stephens issued his 1984 opinion in Chevron U.S.A. v. National Resources Defense Council, he started what legal scholar Gary Lawson later called “nothing less than a bloodles…

nypost.com

Could it finally spell out the end of Chevron deference on these grounds. A ruling striking down overly broad grant of power to federal agencies is long overdue.

"Article I of the Constitution explicitly directs that “All legislative Power herein granted shall be vested in a Congress of the United States,” not regulatory agencies."

 

[JAL]

Those two cases have been mentioned elsewhere as likely ending Chevron Deference. However, expecting it to completely and dramatically upend ATF rulemaking past and present would be wishful thinking. It's going to take chipping away at the rules one brick at a time with repeated court cases, challenging individual ATF rules, and each one will take five to six years to wend its way through the court systems. Now consider SCOTUS six years from now probably won't look like it does today, and there are several circuits, the ninth and fourth in particular, that are trying desperately to run out the clock on some of the older SCOTUS justices, in hopes they'll be replaced by more Kagan's and Ketanji Brown Jackson's -- which would completely reverse Heller, McDonald and Bruen if the likes of them forms a court majority.

 

[indykid]

I keep dreaming that in my lifetime I would see AT and unconstitutional F stripped of their regulatory powers, and all rules/regulations/laws penned by them declared null and void. I wish they would hurry up as I am slowly nearing the end of life as we know it.

 

[GodFearinGunTotin]

Having seen how Bruen has been ripping the guts out of everything its touched, my pessimist side expects SCOTUS to somehow, some way rule on something that will “balance” Bruen, effectively stopping the progress we’ve seen the last couple of years.

 

[rugertoter]

Having seen how Bruen has been ripping the guts out of everything its touched, my pessimist side expects SCOTUS to somehow, some way rule on something that will “balance” Bruen, effectively stopping the progress we’ve seen the last couple of years.

Yeah, me too. Hope we're wrong.

 

[GodFearinGunTotin]

Yeah, me too. Hope we're wrong.

Expect the worst and hope for the best.

 

[Wstar425]

I keep dreaming that in my lifetime I would see AT and unconstitutional F stripped of their regulatory powers, and all rules/regulations/laws penned by them declared null and void. I wish they would hurry up as I am slowly nearing the end of life as we know it.

Maybe, but you’ll still be able to vote Democrat…………

 

[JAL]

Tom Grieve's take on it today which had oral arguments on both cases . . .

 

[JAL]

Braden Langley (Langley Outdoors Academy) did three YouTube videos on the oral arguments . . .
You have to wade your way through his ad at the beginning. The entire oral arguments were over three hours.

Justice Gorsuch - pressing the Gov't Solicitor General Dweeb on Chevron Deference always siding with the Federal Government against the individual:




More Justice Gorsuch on judges abdicating making decisions and issuing judgements to Government Agencies, and Agencies flip-flopping depending on who is running the agency - I believe the dude is representing one of the plaintiffs:




Justice Kavanaugh - agencies transform law into agency (and executive) policy that depends on who is in office - and the judiciary too often citing Chevron to allow it:

 

[bgcatty]

Hopefully SCOTUS knocks down the Chevron Doctrine and cuts the ATF and other dictatorial agencies down to size.

 

[Cavman]

Could they? Yes will they I seriously doubt it but I am hoping to be wrong

 

[JAL]

Mark W. Smith's take on the oral arguments . . .

 

[JAL]

Braden Langley & Tim Harmsen (Second Legacy) give their take on the oral arguments with some Justice Kavanaugh and Justice Gorsuch clips:

 

[DadSmith]

Fishermen case offers hope for freedom from administrative state - Washington Examiner

At first glance, Atlantic fishermen might not appear to be in the same boat as those fighting for freedom from ever-increasing government overreach. Yet a flawed legal precedent, known as the Chevron doctrine, has surrounded fishermen in a sea of government red tape. Alarmingly, this same...

www.washingtonexaminer.com

 

[BackFromDC]

Fishermen case offers hope for freedom from administrative state - Washington Examiner

At first glance, Atlantic fishermen might not appear to be in the same boat as those fighting for freedom from ever-increasing government overreach. Yet a flawed legal precedent, known as the Chevron doctrine, has surrounded fishermen in a sea of government red tape. Alarmingly, this same...

www.washingtonexaminer.com

If agencies can't fill in gaps, then ATF loses its power to make up stuff because it's in the mood to do so.

 

[DadSmith]

If agencies can't fill in gaps, then ATF loses its power to make up stuff because it's in the mood to do so.

Exactly +1

 

[GodFearinGunTotin]

Prepare to merge.

 

[Magyars]

This has the potential to restrict the fed government in ways that haven't even been thought about yet

 

[Ingomike]

This has the potential to restrict the fed government in ways that haven't even been thought about yet

You mean to say in ways it once was restricted?