Quote:
Originally Posted by JJ_BPK
I'm very interested in how the courts, states, & congress will accept SCOTUS's ruling on "bureaucratic over-reach" as it pertains to ATF's Monstrosity??
Congress has shirked its duties for too long. Letting, No Encouraging sub-level bureaucrat minions rule the nation with little fear of the results. 
https://www.supremecourt.gov/opinion...-1530_n758.pdf |
Like you post JJ. I think Bruen and WV vs EPA decision 20-1530 has not reached full potential in Legal review.
https://www.supremecourt.gov/opinion...-1530_n758.pdf
ATF’s new rulemaking 2021r-05f must be sued for totally invalid.
This... Page 3 of text.....
"EPA explained that the Clean Power Plan, rather than setting the standard “based on the application of equipment and practices at the level of an individual facility,” had instead based it on “a shift in the energy generation mix at the grid
level,” id., at 32523. The Agency determined that the interpretive
question raised by the Clean Power Plan
fell under the major questions
doctrine. Under that doctrine, it determined, a clear statement is necessary for a court to conclude that Congress intended to delegate authority “of this breadth to regulate a fundamental sector of the economy.” Id., at 32529.
""It found none"". The Agency replaced the Clean Power Plan by promulgating a different Section 111(d) regulation, known as the Affordable Clean Energy (ACE) rule. Id., at 32532. In
that rule, EPA determined that the BSER would be akin to building
block one of the Clean Power Plan: a combination of equipment upgrades and operating practices that would improve facilities’ heat rates. Id., at 32522, 32537."
Sure it invalidates the EPA. This same standard of review "Major Questions doctrine" can be said and surely will for the ATF.
https://www.atf.gov/rules-and-regula...ceiver/summary
Surely this all falls under Supreme courts definition of "Text, History, Tradition"!