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Posted: 6/13/2005 6:44:58 AM EDT
[Last Edit: 6/13/2005 7:38:03 AM EDT by Phil_A_Steen]
Just out on today's list.

Edited to add: Link here: www.supremecourtus.gov/orders/courtorders/061305pzor.pdf
Link Posted: 6/13/2005 6:45:21 AM EDT
taggage
Link Posted: 6/13/2005 6:47:10 AM EDT
Mmm?

In english?

What's the case? This isn't the shotgun case that reaffirmed the NFA in the 30's, is it?
Link Posted: 6/13/2005 6:48:59 AM EDT

Originally Posted By Evil_Ed:
Mmm?

In english?

What's the case? This isn't the shotgun case that reaffirmed the NFA in the 30's, is it?


Negative. Guy making machine guns within the last 5 years or so.
Link Posted: 6/13/2005 6:49:14 AM EDT
[Last Edit: 6/13/2005 6:49:45 AM EDT by captainpooby]
No, it's the homemade machine gun case.

What the hell does this mean?
Link Posted: 6/13/2005 6:51:34 AM EDT
how bouta link to some of this action
Link Posted: 6/13/2005 6:55:33 AM EDT
There's no link yet.

And I'm not sure what was vacated - the judgment of the 9th Circuit or the trial court's conviction of Stewart.
Link Posted: 6/13/2005 6:59:22 AM EDT

Stewart vacated and remanded back to the 9th Circuit for further consideration


Basically the USSC told the Ninth to "do over".
Link Posted: 6/13/2005 7:01:51 AM EDT
Man, I thought do overs went out with second grade.

Taggariffic!

Link Posted: 6/13/2005 7:03:11 AM EDT

Originally Posted By Bubbles:

Stewart vacated and remanded back to the 9th Circuit for further consideration


Basically the USSC told the Ninth to "do over".



Since there were no winners tonight... next weeks jackpot shall be an estimated...
Link Posted: 6/13/2005 7:04:41 AM EDT
Tag.
Link Posted: 6/13/2005 7:04:52 AM EDT
See the official order here, second from the top, first pageThe 9th's ruling on 922(o) is vacated, not his conviction.

Kharn
Link Posted: 6/13/2005 7:07:25 AM EDT

Originally Posted By Kharn:
See the official order here, second from the top, first pageThe 9th's ruling on 922(o) is vacated, not his conviction.

Kharn



Even though the ATF wasn't allowing new machine guns to be built, this means the ruling the 9th set about machine gun production is null and void?
Link Posted: 6/13/2005 7:08:03 AM EDT
[Last Edit: 6/13/2005 7:08:30 AM EDT by nationwide]

04-617 UNITED STATES V. STEWART, ROBERT W.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted.
The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Gonzales v. Raich, 545 U.S. ____ (2005).

Link Posted: 6/13/2005 7:08:15 AM EDT

Not good. The Supremes basically said:
"See Raich."

Link Posted: 6/13/2005 7:08:15 AM EDT

Originally Posted By Kharn:
See the official order here, second from the top, first pageThe 9th's ruling on 922(o) is vacated, not his conviction.

Kharn



Is there an Engrish version?

So are they hinting to 9th that the .fed can regulate MG's, try again?

Link Posted: 6/13/2005 7:09:16 AM EDT

Originally Posted By CavVet:
So are they hinting to 9th that the .fed can regulate MG's, try again?



That is exactly what they are saying.
Link Posted: 6/13/2005 7:09:18 AM EDT

Originally Posted By TheCynic:
Not good. The Supremes basically said:
"See Raich."




What happened in that case?
Link Posted: 6/13/2005 7:09:21 AM EDT

Originally Posted By nationwide:

04-617 UNITED STATES V. STEWART, ROBERT W.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted.
The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Gonzales v. Raich, 545 U.S. ____ (2005).




Spineless.
Link Posted: 6/13/2005 7:09:54 AM EDT

Originally Posted By TheCynic:
Not good. The Supremes basically said:
"See Raich."




It's the Eric Cartman school of federal government...


YOU WILL RESPECT MAH AUTHORITAH!!!!!
Link Posted: 6/13/2005 7:10:32 AM EDT
[Last Edit: 6/13/2005 7:12:31 AM EDT by TheCynic]

Originally Posted By roboman:

Originally Posted By TheCynic:
Not good. The Supremes basically said:
"See Raich."




What happened in that case?



That was the medical MJ case last week
where the Supremes shit all over states
rights.


eta: e.g. the lack of interstate commerce
does not supercede the right of the federal
government to regulate (or outlaw)
something.
Link Posted: 6/13/2005 7:12:44 AM EDT

Originally Posted By TheCynic:

Originally Posted By roboman:

Originally Posted By TheCynic:
Not good. The Supremes basically said:
"See Raich."




What happened in that case?



That was the medical MJ case last week
where the Supremes shit all over states
rights.




So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."

Link Posted: 6/13/2005 7:12:53 AM EDT
damn I knew Stewart had no chance after the marijuana ruling
Link Posted: 6/13/2005 7:12:53 AM EDT
[Last Edit: 6/13/2005 7:14:00 AM EDT by Evil_Ed]
Ahhh...I see...Gonzales v. Raich was the medical marijuana ruling, which bought up the whole inter/intrastate commerce issue, especially pertaining to (in Gonzales v. Raich) crops to be grown and consumed but not sold for commerce...

Hmm...

Link Posted: 6/13/2005 7:14:33 AM EDT
[Last Edit: 6/13/2005 7:15:06 AM EDT by CRC]
Fudge.

Rule in favor of Interstate Commerce Clause.


RULE IN FAVOR OF FED.GOV
Link Posted: 6/13/2005 7:15:33 AM EDT

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.

Link Posted: 6/13/2005 7:17:33 AM EDT

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




Fuckin' USSC
Link Posted: 6/13/2005 7:24:43 AM EDT
Power's gone to Fed.gov's head.

Link Posted: 6/13/2005 7:25:05 AM EDT
Exactly as I expected after the Raich ruling. The Feds can now legislate/regulate just about anything in your daily lives and to hell with what the states think.

Knew it was going to happen, but it still sucks.

Link Posted: 6/13/2005 7:26:20 AM EDT
What if the 9th still upholds their ruling?

Then what?

Link Posted: 6/13/2005 7:32:44 AM EDT

Originally Posted By CRC:
What if the 9th still upholds their ruling?

Then what?



Then they will get reversed by the Supreme Court when the case is sent up again.
Link Posted: 6/13/2005 7:33:49 AM EDT
They can write rules until they're blue in the face...
Link Posted: 6/13/2005 7:37:02 AM EDT

Originally Posted By vsound:
Exactly as I expected after the Raich ruling. The Feds can now legislate/regulate just about anything in your daily lives and to hell with what the states think.

Knew it was going to happen, but it still sucks.




Well, after all, it was said that the decline in States rights began in 1787 with the ratification of the US Constitution...

It's been downhill from there. That ASSHAT Lincoln didn't help matters much either
Link Posted: 6/13/2005 7:40:16 AM EDT
IBTL!
Link Posted: 6/13/2005 7:45:53 AM EDT

Originally Posted By Planerench:
IBTL!

Why IBTL?

Kharn
Link Posted: 6/13/2005 7:46:29 AM EDT
Can we all at least agree now that the War On Drugs is a "bad thing"?
Link Posted: 6/13/2005 7:48:48 AM EDT

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




This wouldnt be a problem if our founding fathers had forseen one problem we would have.

Judges who legislate from the bench.

I cant wait until the President, whoever it may be, tells the Supreme Court that their decision is crap and will not stand. It hasnt happend yet but it can, and will.
Link Posted: 6/13/2005 7:50:14 AM EDT
[Last Edit: 6/13/2005 7:51:02 AM EDT by Admiral_Crunch]
Raich and McCain-Feingold basically said that the Federal government has unlimited powers, and state's rights no longer exist. The United States of the Founders is gone, and the US Constitution can be ignored at will.
Link Posted: 6/13/2005 7:54:30 AM EDT

Originally Posted By Waldo0506:

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




This wouldnt be a problem if our founding fathers had forseen one problem we would have.

Judges who legislate from the bench.

I cant wait until the President, whoever it may be, tells the Supreme Court that their decision is crap and will not stand. It hasnt happend yet but it can, and will.



The Chief Justice during the Civil War advised Lincoln that his actions violated the Constitution. Lincoln almost had him arrested.

Andrew Jackson told the Suprme Court to go pound sand after a ruling in favor of Native Americans in a treaty dispute. Jackson basically told them, "It's your ruling, you enforce it."
Link Posted: 6/13/2005 7:54:31 AM EDT
It will be a slow transition to a centralized government like mexico instead of a federation. And we can see how well centralized government has done for them.
Link Posted: 6/13/2005 7:55:37 AM EDT

Originally Posted By Admiral_Crunch:

Originally Posted By Waldo0506:

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




This wouldnt be a problem if our founding fathers had forseen one problem we would have.

Judges who legislate from the bench.

I cant wait until the President, whoever it may be, tells the Supreme Court that their decision is crap and will not stand. It hasnt happend yet but it can, and will.



The Chief Justice during the Civil War advised Lincoln that his actions violated the Constitution. Lincoln almost had him arrested.

Andrew Jackson told the Suprme Court to go pound sand after a ruling in favor of Native Americans in a treaty dispute. Jackson basically told them, "It's your ruling, you enforce it."




haha thats awesome. Ill have to read about those.
Link Posted: 6/13/2005 7:56:50 AM EDT
So buy more ammo, then?
Link Posted: 6/13/2005 9:01:14 AM EDT
This did not surprise me in the least bit.
Link Posted: 6/13/2005 9:07:04 AM EDT
What about the 9th (or another defendant/court) using the US v. Rock Island/US v. Dalton approach of saying its unconstitutional since it doesnt generate revenune and the NFA has been held by the courts to be a tax statue (Sonzinsky v US)?

Kharn
Link Posted: 6/13/2005 9:13:11 AM EDT

Originally Posted By roboman:

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




Fuckin'mostly Republican USSC

Link Posted: 6/13/2005 9:14:47 AM EDT
tag
Link Posted: 6/13/2005 9:14:54 AM EDT

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




While that may be true - the original NFA was based on taxing taxable interstate commerce, and 922(o) is an extension of NFA law. Therefore if it isn't interstate commerce, NFA/922(o) should not apply. Sure the feds can legally pass a bill that bans MGs outright rather than creatively taxing them, and that law would trump state law, but they haven't done so - and I think they'd have a hard time doing so.
Link Posted: 6/13/2005 9:16:49 AM EDT

Originally Posted By texashark:

Originally Posted By roboman:

Originally Posted By TheCynic:

Originally Posted By roboman:
So basically they're saying "Fuck the states, the Fed can regulate machine guns no matter what, ESAD."



Yep. Federal law trumps state law even
when no interstate commerce is involved.




Fuckin'mostly Republican USSC




yes, the republicans are our "friends"
Link Posted: 6/13/2005 9:27:49 AM EDT
btt. Things are going to get a lot worse before they get better.
Link Posted: 6/13/2005 9:30:19 AM EDT


we beat fascism elsewhere, but fascism came here instead and we are losing, badly.


Link Posted: 6/13/2005 9:40:33 AM EDT
The feds can now regulate absolutely anything. Everything I own has the potential to enter "interstate commerce."
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