Posted on 08/09/2023 11:40:27 AM PDT by absalom01
The Supreme Court on Tuesday allowed the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns” while a challenge to the rule continues in a federal appeals court. In June, a federal judge in Fort Worth, Texas, had barred the ATF from enforcing the rule anywhere in the United States. Urging the justices to intervene, U.S. Solicitor General Elizabeth Prelogar had told the justices that the order by U.S. District Judge Reed O’Connor was “irreparably harming the public and the government by reopening the floodgates to the tide of untraceable ghost guns flowing into our Nation’s communities.”
The vote was 5-4, with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh indicating that they would have denied the government’s request and allowed the ban on enforcement of the rule to continue. The ATF issued the rule at the center of the dispute in 2022 to make clear that federal laws governing the sale of firearms – requiring, for example, background checks for purchases and imposing recordkeeping obligations – apply to “ghost guns,” firearms without serial numbers that virtually anyone can assemble with parts that they purchase, often in a kit.
...
In Tuesday’s order, the justices granted the government’s request to put O’Connor’s decision on hold until its appeal in the 5th Circuit and, if necessary, to the Supreme Court, is resolved.
Four members of the court’s conservative bloc – Thomas, Alito, Gorsuch, and Kavanaugh – indicated that they would have rejected the government’s request and allowed O’Connor’s order to remain in place.
(Excerpt) Read more at scotusblog.com ...
Things look better in the 5th Circuit, but this will probably have to wind up at SCOTUS for resolution.
And ACB continues to be an unreliable "conservative" voice on the court when it comes to individual rights.
I see Ms. blank paper voted with the other scumbag Roberts again. What a worthless POS with no mind of her own.
The 2A is the most concise and unambiguous amendment in the Bill of Rights. Up until recently, it is the most abused. The left has now shifted it’s nefarious focus to 1A.
Roberts. Barrett. Four women and Roberts shot it down.
That’s got to be the dumbest comment I’ve read this week.
Roberts and Amy Phony Barrett again. That’s what happens when you limit yourself and pick a mom for the Supreme Court because that was a “woman’s seat”.
It’s true. She was picked for being a female. Never trust a dash woman. The very first thing she did a week after being confirmed was refuse to participate in the Pennsylvania case for the 2020 election. without her it went 4 to 4 and the mixed the ballots coming in after the legal deadline with all others. She helped the steal. She’s a clown.
She is there because of what she sits on. And that blank sheet of paper, remember how everyone was enthralled by that?
Enthralled originally meant “enslaved”.
Is Lowes and Home depot going to start making people go thru ATF Background checks before selling any 1/4 inch gas or water pipe and nails??
Department of the Army 1969
Improvised Munitions Handbook
gives explicit instructions on how to make a 9mm pistol using common materials sold at every hardware store in this country
1/4 inch pipe 4-6 inches long
1/4 inch solid pipe plug
2 1/4 couplings
Metal Strapping tape
6d or 8d nail
some scrap wood
Just make a jungle shotgun. My dad showed me how, takes a gun to get a gun he says.
You don’t read much.
Give it a rest. ACB has been very solid on 2A cases, and so has Roberts. If you don’t realize this, then maybe educate yourself on 2A cases and stop making ignorant statements.
The Court didn’t make any type decision on the actual ‘ghost gun’ case, they only said the case has to go through the normal appeals process. Biden’s ghost gun restrictions could well be shot down (pun intended) in the appeals process. This is just a procedural decision, not a decision on the merits of the case.
Historically speaking, SCOTUS is very reluctant to step into a decision prior to the lower court hearing the case. I see this as a continuation of that precedent.
They could have done nothing and the ban was dead. So they were proactive by reinstating it. Tells me if it makes it back to the SC Biden wins.
True, but the ATF rule is a real over-reach, and it was reasonable to hope that the stay could remain in place pending the 5th circuit’s decision, at least.
We won’t have to wait long, with oral argument in the 5th Circuit is scheduled for Sept. 7.
scumbags give what’s left of our judiciary a bad name
scumbags give what’s left of our judiciary a bad name
She was a disaster on the election. Chose to sit it out as someone else pointed out.
She has no mind of her own. As vapid and blank as the piece of paper she gave as an answer. Clever at the time, now defines her.
She’s left of Kavanaugh, which is slightly right of the wise latina.
Why overrule the lower court? Enlighten me on her reason besides Roberts said so.
I’ve had my dumb quota, so no more from you this week.
Your last two sentences constitute one of the finest examples of circular logic that I’ve ever seen.
ACB is a great Justice.
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