English was my worse subject in school. I have trouble reading legalese. If this goes through and the outcome is good for the country, can anybody please explain how far back and what ATF regs will be kicked to the curb?
This could be good regarding a lot of alphabet agencies authority. Besides the ATF, I would love to see the EPA reeled in.
Pawpaw wrote: ↑Tue Dec 11, 2018 8:10 pm This may make the whole thing a moot point:
SCOTUS Agrees To Hear Case That May Ultimately Undermine ATF Power
Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.
Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)
Today, however, the Supreme Court granted cert in a case, Kisor v. Wilkie, that specifically challenges whether Auer deference is constitutional. With the addition of Justices Gorsuch and Kavanaugh — both of whom have expressed reservations about the current state of administrative law — there may now indeed be the five votes needed to begin to undo the decades-long abdication of power to the vast federal bureaucracy, including BATFE.
