Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 14, 2024. Justice Alito filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.
As several 2A supporters on social media have pointed out, this was not just a 2nd Amendment case per se. This was more about the over reach of bureaucrats (in this case the ATF) making law in the place of Congress. See Amy Swearer's article and two quotes linked below.
But Jack Smith makes a very interesting point about the minority opinion that is very helpful to the 2A community. It states that semiautomatic rifles are commonly available. He argues that this is a devastating legal admission by the left that AR15s are in common use and cannot be banned under Heller/Bruen. https://x.com/fourboxesdiner/status/1801628918249582662
Although Cargill was centered around firearms, it didn’t involve any arguments over whether the Second Amendment protects a right to own bump stocks, specifically, or machine guns, generally.
Rather, the question in this case was far more simplistic: Is a bump stock device a machine gun, in the first place?
It sends an important message that there’s no end run around—or loophole through—the democratic process. If Congress wants to change federal law, it must do so itself, through the legislative process and with its members bearing the political consequences of unpopular or unconstitutional laws.
And, in that sense, Cargill is a victory that reverberates far beyond the Second Amendment.
It’s a win for the rule of law and constitutional government.
I have enjoyed pointing out to those who are upset by this ruling, that they are on Trump's side. They think that Trump should be allowed to make law without Congress, and the Court shouldn't stop that.
What do I miss about Texas? Most of the food, some of the people, absolutely none of the weather.
Also the SCOTUS decision in in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo which overturns the 1984 "Chevron Deference" decision will have a significant impact on the ATF and other federal regulatory agencies going forward, further reinforcing the idea that congress must live up to its responsibilities to make law, and suffer the consequences thereof instead of surrendering its law-making powers to unelected faceless bureaucrats.
This has been a pretty decent year for us. There are still some improvements to be made, but I feel like this is the year that We the People could begin to breathe just a little bit easier because the administrative state got bitch-slapped.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”
The Annoyed Man wrote: ↑Wed Jul 10, 2024 7:38 am
Also the SCOTUS decision in in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo which overturns the 1984 "Chevron Deference" decision will have a significant impact on the ATF and other federal regulatory agencies going forward, further reinforcing the idea that congress must live up to its responsibilities to make law, and suffer the consequences thereof instead of surrendering its law-making powers to unelected faceless bureaucrats.
This has been a pretty decent year for us. There are still some improvements to be made, but I feel like this is the year that We the People could begin to breathe just a little bit easier because the administrative state got bitch-slapped.
Agreed. Unfortunately the government's MO is to do whatever they want and make we the people take them to court to get it slapped down.
The Annoyed Man wrote: ↑Wed Jul 10, 2024 7:38 am
Also the SCOTUS decision in in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo which overturns the 1984 "Chevron Deference" decision will have a significant impact on the ATF and other federal regulatory agencies going forward, further reinforcing the idea that congress must live up to its responsibilities to make law, and suffer the consequences thereof instead of surrendering its law-making powers to unelected faceless bureaucrats.
This has been a pretty decent year for us. There are still some improvements to be made, but I feel like this is the year that We the People could begin to breathe just a little bit easier because the administrative state got bitch-slapped.
Most ATF cases don't involve Chevron deference.
Most ATF cases aren't about executive rulemaking with ambiguous statutes (the only way that Chevron even applies). ATF tends to incorrectly apply unambiguous black letter law when making rules. That's how Michael Cargill won the case against Trump's bump stock ban.
Matthew Hoover might be able to appeal his Auto Keycard conviction the same way, but it will be based on Cargill, not Loper Bright.
Matthew Larossier (FuddBusters) has done a good job explaining it.
What do I miss about Texas? Most of the food, some of the people, absolutely none of the weather.
