Posted on 08/04/2023 5:15:03 AM PDT by marktwain
On July 27, 2023, the Attorney General of the Biden Administration, Merrick B. Garland, applied for a stay to Justice Alito at the Supreme Court in the case of VanDerStok v. Garland. The request for an emergency stay had been refused by a three-judge panel of the United States Court of Appeals for the Fifth Circuit on July 24, 2023, as reported on AmmoLand. One of the possibilities mentioned was the Biden administration would appeal directly to the Supreme Court. The possibility of a request for an en banc decision existed but was unlikely because the Fifth Circuit has been following the Supreme Court guidance in the Bruen decision for enforcing Second Amendment rights and because an en banc panel would not have been emplaced for a period of time.
The request for an emergency stay to the Supreme Court is based on the false notions the Final Rule of the ATF on receivers and frames is somehow related to public safety; that “public safety” overrides the Constitution; and that the Executive branch (the Biden Administration) must act because the Legislative branch will not do so. From page 6:
The district court’s universal vacatur is irreparably harming the public and the government by reopening the floodgates to the tide of untraceable ghost guns flowing into our Nation’s communities.
You are correct if this sounds like the familiar song and dance put forward by dictators and authoritarians worldwide.
The Final Rule put forward by the ATF reverses five decades of precedent because the Biden administration wants to do it. Here are some of the arguments put forward in the application filed. From page 3 of the request for an emergency stay:
(Excerpt) Read more at ammoland.com ...
This would never be a problem if there wasn’t an ATF. The entire bureau needs to be shuttered and defunded. Every employee of the ATF is an enemy to America. After shuttering the ATF, their former employees should be barred from working in government at every level.
How many people have been killed with these “ghost guns”?
Is it more than or less than the number of people who have died from fentanyl?
What other parts of the Constitution can be tossed in the interest of public safety?
EC
ALL those alphabet agnencies need to go.
Actually they should all be sent to North Korea to work for the government there. They have the attitude; they only need the language.
The latest response is hyperbolic:
Then the Biden administration filed a reply, without the court asking them or allowing them to do so, on August 3. This seems rather strange.
Here is a link to the Supreme Court records of proceedings and orders on the case.
Respondents offer no good reason to tolerate those grave harms during what could be a years-long appellate process. On the merits, they do not seriously dispute that the weapon parts kits covered by the Rule fall squarely within the plain text of the statute, or that an ordinary speaker of English would recognize that a company selling nearly complete frames and receivers is selling “frames” and “receivers.”
Except that the "nearly complete frames and receivers" in question are those which ATF has specifically determined are not readily converted to firearms, and thus have been determined, by ATF to not be frames or receivers.
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