And, of course, there’s ATF’s practice of seeking to fine FFL’s through its own internal administrative proceedings for alleged violations of ATF rules would now seem to be barred under Jarkesy. ATF will be required to file a civil lawsuit or a criminal indictment…which I suspect it will be far less likely to do.
What of ATF’s current jihad against FFLs, in which it seeks to terminate federal licenses based on even the slightest technical mistakes? That could be a tougher call, as the issuance of licenses may fall under the “public rights” aspect of the law that doesn’t implicate the Seventh Amendment. We’ll have to see how the post-Jarkesy case law shakes out.
In a post-Jarkesy communication with Prof. Hamburger, he told me that he expects the feds will try to take a very narrow view of the Court’s opinions, and more fights will undoubtedly be needed. Fortunately, the NCLA has already set up a “Relentless Working Group” which is tasked with monitoring and identifying agencies that are resisting the Supreme Court’s holdings, and they’ll bring test cases where appropriate. The administrative state is down, but it’s by no means out.
4 comments:
Don't mean the effingatf will follow the ruling. They're just as crooked as the effingbi and the effingdoj.
-lg
Of course not. The process is the punishment.
They will happily violate the requirements of this case, forcing us to sue, pay lawyers through the appeals process, then when the line again, start over on someone else.
John in Indy
BATFEces, the EPA and all the other rogue agencies will simply ignore this ruling and continue doing whatever the hell they want. Why wouldn't they. The SCOTUS has ZERO power to enforce its opinions and the JustUs Department sure as hell won't.
These rouge agencies should never have been given a "green light" to engage in administrative law. It is one of the banes of the Republic. There is not any recourse for Joe Citizen (save maybe the cartridge box). Of course, most here know many of the protocols, regs, guidelines, etc. were written indirectly by the Infernal Revenoo Svc (Department of the Treasury) many moons ago. Many of the "laws" they refer too are nothing more than decrees whereby Joe Citizen has zero recourse other than writing his congresscritter. These "laws" I speak of were never introduced as a bill, debated, voted on, and signed into law. There is no one to "vote out of office". I think the panty waisted legislators like this buffer. One of the tactics we see used by these agencies is tying folks up in court for the purpose of ruining them financially. Take the "bumpfire and pistol brace debacles. A person could have legally obtained either and with a stroke of a pen transformed into a felon and unless one is a Rockefeller, they'd probably end up losing everything in hock to avoid prosecution, but even that is not a guarantee of avoiding jail.
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