Latest Posts

A major case is making its way through the judicial system. The final ruling will forever change American society.

And now three judges have handed down a groundbreaking ruling about the U.S. Constitution.

On Tuesday, a three-judge panel of the Fifth Circuit Court of Appeals issued a decision reversing a lower court order rejecting a preliminary injunction against the ATF’s pistol brace rule and sending the case right back to the lower court for a second look.

The panel, comprised of Jerry E. Smith (nominated by Reagan), Don Willet (nominated by Trump), and Stephen A. Higginson (nominated by Obama), did not rule on the rule’s constitutionality but instead focused on the plaintiff’s claim that the rule breached the APA, the Administrative Procedure Act.

The panel voted contra the district court order by a count of 2 to 1, explaining that the circuit court had viewed the rule as more “legislative” than “interpretive,” but the district court had taken a more “interpretive” stance. Rules that are interpretive in nature are not subject to the APA principles, but rules that are legislative in nature are.

They concluded:

We move on to plaintiffs’ claim that the Final Rule violates the APA’s procedural and substantive requirements. On that front, plaintiffs establish a substantial likelihood of success on the merits. The ATF incorrectly maintains that the Final Rule is merely interpretive, not legislative, and thus not subject to the logical-outgrowth test. The Final Rule affects individual rights, speaks with the force of law, and significantly implicates private interests. Thus, it is legislative in character

Similar attention was paid by the circuit court to the split between the ATF’s Proposed Rule and its Final Rule.

The document argued that this discrepancy “violates the APA” and emphasized that “the Proposed and Final Rule must be alike in kind so that commentators could have reasonably anticipated the Final Rule.”

As the panel pointed out, however, “the Notice of Proposed Rulemaking (NPRM) and the Final Rule bear little resemblance to one another,” and “it is nigh impossible for a regular citizen to determine what constitutes a braced pistol, and outside of the sixty contemporaneous adjudications that the ATF released, whether a specified braced pistol requires NFA registration.”

The ball is now in the court of the Biden administration’s ATF, so to speak, to decide if they are going to appeal this ruling.

They could wait for more finality in the case before deciding to appeal the preliminary injunction.

Though, their case will be harder if they ultimately lose the case in whole and then try to appeal at that time.

Judges and Supreme Court Justices weigh whether there is a preliminary injunction in place when they are evaluating the merits of a case.

As for the Supreme Court, they’ve certainly shown way more conservative jurisprudence in recent years with the new makeup of the Court bench.

The additions of Brett Kavanaugh, Neil Gorsuch, and Amy Barrett have had no small impact on the rulings that have been handed down by the Highest Court in the land.

It’s hard to see the Supreme Court siding with the ATF on this issue given how hostile the Supreme Court has been to government executive branch overreach, as we’ve seen in their recent EPA ruling.

Either way, the writing seems to be on the wall for the ATF led by the Biden Administration in this case over the constitutionality of rules that regulate simple gun braces.

They have their work cut out for them and at the end of the road is a Supreme Court seemingly ready to hand the Biden administration yet another loss.

Stay tuned to the DC Daily Journal.

Governor Newsom has been eyeing how to take the candidacy from Biden. Now he's taking major fire from top conservatives in the race. And Gavin Newsom was hit with the shock of his life by this Republican candidate. Look, it's no secret that Joe Biden is extremely

Texas Governor Greg Abbott is taking the Biden administration to task. But that comes with consequences. And now Greg Abbott can't believe what Mexico is doing with the Biden administration. In response to a lawsuit filed by the Department of Justice last week demanding the demolition of

Pelosi's star is waning. She's already lost her speakership, and it's about to get worse. And Nancy Pelosi's heart stopped after being hit with this awful news. As the former Speaker of the House, Nancy Pelosi has wielded some of the most important power in America. Where is

Former President Barack Obama may not be in office anymore. But he's not out of the picture. Because Barack Obama made a stunning confession about Donald Trump that blindsided everyone. Obama cautioned Biden privately over lunch during this summer that Trump, the former president, may be a

Former Trump ally Rudy Giuliani thought he could hand over Trump and get off scot-free. Oh how wrong he was. Because Rudy Giuliani is facing major consequences for trying to sellout Donald Trump. In late June, it was reported that Rudy Giuliani met with federal prosecutors for

Harris and Biden are driving a runaway train. It's only get worse with every passing day. And Kamala Harris was just hit with life changing news. One of Vice President Harris' only lines of attack is to make rambling speeches or interviews attacking conservatives for their views

The U.S. Supreme Court has faced intense scrutiny in recent weeks. This won't help at all. Because a U.S. Supreme Court Justice has made a major error in a critical ruling. In late June of this year, the Supreme Court finally struck down the practice of Affirmative

Capitol Hill is in chaos. No one knows when things will be back to normal. Because this U.S. Senator was rushed to the hospital with a terrifying illness. With talks circulating in the media that Senate Minority Leader Mitch McConnell could step down, Congress has been buzzing. A

Outlets like CNN spent years attacking Trump for no good reason. Now they're waving the flag of surrender. And CNN admitted this embarrassing fact that made Trump grin ear to ear. The media has had a vendetta against Trump ever since he announced his candidacy back in

The Biden administration's ship is sinking fast. Dozens of Democrats are jumping ship now. And Biden smacked with devastating betrayal from 54 Democrats. New York City is "at a breaking point" after more than 90,000 illegal immigrants entered since last spring. And a group of 54

While the Supreme Court is out of session, they are still busy at work. Especially this year. Because the Supreme Court just hit Congress with a wake-up call in this rare interview. Justice Samuel Alito said that Congress does not have the power to impose an ethical