SCOTUS Accepts Review of Bump Stock Ban

[zukiphile]

44 AMP, I think that is one of the issues presented.

There's a broad issue about what an agent of the exec can do with regulation, and part of that is how a court will address challenges to regs or agent's action.

There's an issue of whether a reg is faithful to the legislation, whether a court will look to the text of the legislation or divine a wider intent that the agent is allowed to pursue through regs, and whether we as individuals are bound by whatever the agent thinks that day or whether the agent is bound by his own prior interpretations (lenity).

The court could address some of those without engaging on the others.

 

[44 AMP]

There is, for me, also a matter of trust, and consistency involved in these matters.

In particular, the basic point of the govt saying "this is not illegal under existing law", and then turning around and saying the same thing IS illegal under existing law, and the existing law has not been changed, I have issues with trust when they do that.

They're STILL doing it right now, with pistol stocks (and other things not just gun things).

A horse is not a camel, and witches are not made of wood just because a regulator says they are.

The High Court will rule on those points they consider relevant in the case before them. The rest of the country will adopt the ruling, and expand on it, or ignore as much of it as they think they can get away with. This is, sadly, the way people behave.

 

[zukiphile]

There is, for me, also a matter of trust, and consistency involved in these matters.

Trust is the other side of one kind of authority. I invest the old dictionary on my shelf with greater authority than an online source that may have been revised recently; I trust it more to reflect normal use. Perhaps the greatest authority one can have is to be trusted.

There is a different kind of authority that rests not on trust, but power. That stock we said was fine even if you put it to your shoulder? We have a different opinion today, so choke on it. That's a position that can gain compliance in the face of punishment, but destroys trust.