SUPREME COURT to ATF: Your Day Is Coming. Sackett v EPA, the Power of Agencies

The US Supreme Court on May 25, 2023 published a large case with far reaching implications for the regulation of firearms and the ATF in Sackett v. EPA (linked below). Recall that Congress passes laws, but it is up to the executive branch to enforce those laws. To aid with that there are hundreds of federal agencies and subagencies. Part of what these agencies do is that they need to interpret the laws passed by congress since it is impossible for congress to reasonable see and speak to every application of the law. Historically since a 1984 US Supreme Court case these agencies have been given broad deference to interpret these statutes provided that their interpretations are reasonable and do not contradict with the text. This doctrine is often referred to by the case that created it as the “Chevron Doctrine.”

However, nearly 40 years later, we have unfortunately seen a checkered history of many federal agencies making some reasonable and some not-so-reasonable calls. The matters should then be brought to the courts, but then the courts are stuck applying the Chevron doctrine with some distasteful results.

The application to firearm law is this: the principal agency responsible for regulation firearms is the ATF. They have been known to make some questionable calls… and that is a charitable description. On top of those calls, they have further been known to reverse course on themselves (Tommy builts, Akins Accelerators, FRT/WOT Triggers, Bump Stocks, Pistol Braces to name just a few).

Is it time for the Supreme Court to reign in the broad power of Agencies? Let’s get into it and check out the video.

Link to Sackett v. EPA
https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf

Short version of facts from the case:
“Petitioners Michael and Chantell Sackett purchased property near Priest Lake, Idaho, and began backfilling the lot with dirt to prepare for building a home. The Environmental Protection Agency informed the Sacketts that their property contained wetlands and that their backfilling violated the Clean Water Act, which prohibits discharging pollutants into “the waters of the United States.” 33 U. S. C. §1362(7). The EPA ordered the Sacketts to restore the site, threatening penalties of over $40,000 per day. The EPA classified the wetlands on the Sacketts’ lot as “waters of the United States” because they were near a ditch that fed into a creek, which fed into Priest Lake, a navigable, intrastate lake. The Sacketts sued, alleging that their property was not “waters of the United States.” The District Court entered summary judgment for the EPA. The Ninth Circuit affirmed, holding that the CWA covers wetlands with an ecologically significant nexus to traditional navigable waters and that the Sacketts’ wetlands satisfy that standard.“

Link to 6th Circuit Hardin v. ATF
https://www.youtube.com/live/85m-UDt4dlM?feature=share

(PROOF) The RACIST History Of Gun Control Colonies + Early States [Part 1]
https://youtu.be/neLdsW7XZSM

AR15s or Constipation: Which Kills More?
https://youtu.be/msa_25hJ_y0

(Interview) MASSIVE: Sheriff tells ATF NO will STOP ATF agents!
https://youtu.be/aT-DH4Zx54k

When do PARTS become GUNS and YOU go to PRISON: Law of Constructive Possession+Intent
https://youtu.be/FMLfR62nJHM

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. This video is for entertainment and education purposes only and all videos and images shown are used under fair use. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Fair Use: In the rare instance I include someone else’s footage it is covered in Fair Use for Documentary and Educational purposes with intention of driving commentary and allowing freedom of speech.

Link to attorney Tom Grieve's brief bio https://www.grievelaw.com/CriminalDefenseAttorneys/TomGrieve

#2ndamendment #atf #ussupremecourt