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Posted: 3/10/2015 11:46:20 AM EDT
[#1]
Incrementally, "Olympus is falling".
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Posted: 3/10/2015 11:49:18 AM EDT
[#2]
“Because an agency is not required to use notice-and-comment procedures to issue an initial interpretive rule, it is also not required to use those procedures when it amends or repeals that interpretive rule,” Sotomayor wrote |
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Posted: 3/10/2015 11:50:17 AM EDT
[#3]
........I'm actually shocked. Literally shocked at a 9-0 decision for this. US vs Abramski was 5-4 at least showing some of the judges had some sense but this is 9-0?
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Posted: 3/10/2015 11:50:56 AM EDT
[#4]
Fuck those dudes.
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Posted: 3/10/2015 11:51:12 AM EDT
[#5]
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Posted: 3/10/2015 11:51:18 AM EDT
[#6]
Just another brick in the wall (of tyranny).
This government is slowly but surely no longer "of the people, by the people, [or] for the people." |
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Posted: 3/10/2015 11:52:21 AM EDT
[#7]
This might change drastically, once an R is occupyign the White House.
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Posted: 3/10/2015 11:52:43 AM EDT
[#8]
So the "Agencies" now have unfettered ability to change, interpret and administer rulings.
Welcome to thine kingdom ye serfs. |
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Posted: 3/10/2015 11:54:13 AM EDT
[#9]
Like the shitbags going to prison, lifetime term should mean 15 years and you are out.
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Posted: 3/10/2015 11:54:16 AM EDT
[#10]
 Quote HistoryQuoted:
This might change drastically, once an R is occupyign the White House. |
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Posted: 3/10/2015 11:54:16 AM EDT
[#11]
There has to be more to this.
Posted Via AR15.Com Mobile |
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Posted: 3/10/2015 11:54:33 AM EDT
[#12]
WE ARE SO FUCKED AS A NATION, now you will not know you have violated a new BATFE REG until they kick your Fucking door down...
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Posted: 3/10/2015 11:54:44 AM EDT
[#13]
Quote HistoryQuoted: So the "Agencies" now have unfettered ability to change, interpret and administer rulings. Welcome to thine kingdom ye serfs. And it appears they don't even have to notify the public when they make that change. |
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Posted: 3/10/2015 11:55:40 AM EDT
[#14]
Quote HistoryQuoted: And it appears they don't even have to notify the public when they make that change. Quote HistoryQuoted: Quoted: So the "Agencies" now have unfettered ability to change, interpret and administer rulings. Welcome to thine kingdom ye serfs. And it appears they don't even have to notify the public when they make that change. Ignorance is no excuse! |
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Posted: 3/10/2015 11:55:46 AM EDT
[#15]
Quote HistoryQuoted:
This might change drastically, once an R is occupyign the White House. 
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Posted: 3/10/2015 11:56:03 AM EDT
[#16]
Hey Chicken Littles!
READ THIS: Looks like the opposite of what SCOTUSBlog wrote.... Make sure you notice the differences between interpretive rulings and legislative rulings. One is advisory, the other has the force of law. The M855 ban will have the force of law and is therefore a legislative ruling. "When a federal administrative agency first issues a rule interpreting one of its regulations, it is generally not required to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA or Act). See 5 U. S. C. §553(b)(A). The United States Court of Appeals for the District of Columbia Circuit has nevertheless held, in a line of cases beginning with Paralyzed Veterans of Am. v. D. C. Arena L. P., 117 F. 3d 579 (1997), that an agency must use the APA’s notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted. The question in these cases is whether the rule announced in Paralyzed Veterans is consistent with the APA. We hold that it is not." From the actual ruling... The Administrative Procedure Act (APA) establishes the procedures federal administrative agencies use for “rule making,” defined as the process of “formulating, amending, or repealing a rule.” 5 U. S. C. §551(5). The APA distinguishes between two types of rules: So-called “legislative rules” are issued through notice-and-comment rulemaking, see §§553(b), (c), and have the “force and effect of law,” Chrysler Corp. v. Brown, 441 U. S. 281, 302–303. “Interpretive rules,” by contrast, are “issued . . . to advise the public of the agency’s construction of the statutes and rules which it administers,” Shalala v. Guernsey Memorial Hospital, 514 U. S. 87, 99, do not require notice-and comment rulemaking, and “do not have the force and effect of law,” ibid. |
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Posted: 3/10/2015 11:56:46 AM EDT
[#17]
Quote HistoryQuoted:
WE ARE SO FUCKED AS A NATION, now you will not know you have violated a new BATFE REG until they kick your Fucking door down... Won't matter anyhow since most of us receive our information via internet these days and they'll soon be monitoring that as well. Tin foil hat...ON. |
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Posted: 3/10/2015 11:57:57 AM EDT
[#18]
Things are really getting pushed to far.
Posted Via AR15.Com Mobile |
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Posted: 3/10/2015 11:58:17 AM EDT
[#19]
Quote HistoryQuoted: This might change drastically, once an R is occupyign the White House. |
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Posted: 3/10/2015 11:59:12 AM EDT
[#20]
Quote HistoryQuoted:
Things are really getting pushed to far. Posted Via AR15.Com Mobile We actually going to push back or continue being sheep and taking it? I'm guessing the latter. |
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Posted: 3/10/2015 12:00:32 PM EDT
[#21]
Great....
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Posted: 3/10/2015 12:01:21 PM EDT
[#22]
The Supreme Court ruled 9-0 Someone was holding something to their heads, I wonder what that was ? |
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Posted: 3/10/2015 12:03:28 PM EDT
[#23]
Quote HistoryQuoted:
We actually going to push back or continue being sheep and taking it? I'm guessing the latter. Quote HistoryQuoted:
Quoted:
Things are really getting pushed to far. Posted Via AR15.Com Mobile We actually going to push back or continue being sheep and taking it? I'm guessing the latter. There is no means of pushback. This is a rollercoaster. |
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Posted: 3/10/2015 12:03:50 PM EDT
[#24]
Quote HistoryQuoted:
Quote HistoryQuoted:
Quoted:
This might change drastically, once an R is occupyign the White House. You don't think the entrenched bureaucrats will want a mechanism to slow down anything the R's want accomplish? 
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Posted: 3/10/2015 12:04:18 PM EDT
[#25]
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Posted: 3/10/2015 12:04:26 PM EDT
[#26]
Quote HistoryQuoted:
And it appears they don't even have to notify the public when they make that change. Quote HistoryQuoted:
Quoted:
So the "Agencies" now have unfettered ability to change, interpret and administer rulings. Welcome to thine kingdom ye serfs. And it appears they don't even have to notify the public when they make that change. There is no need to inform slaves of new rules. Shut the fuck up |
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Posted: 3/10/2015 12:04:45 PM EDT
[#27]
Quote HistoryQuoted:
Looks like the opposite of what SCOTUSBlog wrote.... From the actual ruling... Quote HistoryQuoted:
Looks like the opposite of what SCOTUSBlog wrote.... "When a federal administrative agency first issues a rule interpreting one of its regulations, it is generally not required to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA or Act). See 5 U. S. C. §553(b)(A). The United States Court of Appeals for the District of Columbia Circuit has nevertheless held, in a line of cases beginning with Paralyzed Veterans of Am. v. D. C. Arena L. P., 117 F. 3d 579 (1997), that an agency must use the APA’s notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted. The question in these cases is whether the rule announced in Paralyzed Veterans is consistent with the APA. We hold that it is not." From the actual ruling... The Administrative Procedure Act (APA) establishes the procedures federal administrative agencies use for “rule making,” defined as the process of “formulating, amending, or repealing a rule.” 5 U. S. C. §551(5). The APA distinguishes between two types of rules: So-called “legislative rules” are issued through notice-and-comment rulemaking, see §§553(b), (c), and have the “force and effect of law,” Chrysler Corp. v. Brown, 441 U. S. 281, 302–303. “Interpretive rules,” by contrast, are “issued . . . to advise the public of the agency’s construction of the statutes and rules which it administers,” Shalala v. Guernsey Memorial Hospital, 514 U. S. 87, 99, do not require notice-and comment rulemaking, and “do not have the force and effect of law,” ibid. I think SCOTUSblog is smarter about these things than The Hill |
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Posted: 3/10/2015 12:04:58 PM EDT
[#28]
Quote HistoryQuoted:
Once "Amnesty" is forced down our throats..you won't see an "R" in the White House again!!................look how well they stacked the deck in DC and other progressive areas, R's don't stand a chance! Quote HistoryQuoted:
Quoted:
This might change drastically, once an R is occupyign the White House. Depends on what flavor of R they decide to try to run, a Chris Christie type might be attractive to the FSA crowd. |
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Posted: 3/10/2015 12:05:20 PM EDT
[#29]
Wow, what an utterly shocking ruling.
The democratic process has been dead for a long time, this pretty much confirms it. What bills other then Obamacare have been signed into law versus how much "change" Obama has effected via regulatory instead of legislative methods? From the sounds of it, the ATF could use something like this to instantly run roughshod over the almost the entirety of the second amendment. Or the EPA could essentially destroy entire industries. No time for a legislative response against regulatory changes, just "we want it this way" and it is done. Sounds like this means there would be no timeframe to become compliant without penalty either. Those friday afternoon document dumps from the WH could prove to be a whole lot more interesting. 
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Posted: 3/10/2015 12:06:34 PM EDT
[#30]
Quote HistoryQuoted:
This might change drastically, once an R is occupyign the White House. I wouldn't hold your breath. |
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Posted: 3/10/2015 12:07:11 PM EDT
[#31]
the more insane rules they create, the fewer that will abide by them. many have simply said no more and to hell with them already.
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Posted: 3/10/2015 12:08:41 PM EDT
[#32]
I doubt the USSC just flushed the APA, folks.
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Posted: 3/10/2015 12:10:37 PM EDT
[#33]
Quote HistoryQuoted:
This might change drastically, once an R is occupyign the White House. orly? 9-0 bud |
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Posted: 3/10/2015 12:10:49 PM EDT
[#34]
Quote HistoryQuoted:
Hey Chicken Littles! READ THIS: Looks like the opposite of what SCOTUSBlog wrote.... Make sure you notice the differences between interpretive rulings and legislative rulings. One is advisory, the other has the force of law. The M855 ban will have the force of law and is therefore a legislative ruling. From the actual ruling... Quote HistoryQuoted:
Hey Chicken Littles! READ THIS: Looks like the opposite of what SCOTUSBlog wrote.... Make sure you notice the differences between interpretive rulings and legislative rulings. One is advisory, the other has the force of law. The M855 ban will have the force of law and is therefore a legislative ruling. "When a federal administrative agency first issues a rule interpreting one of its regulations, it is generally not required to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA or Act). See 5 U. S. C. §553(b)(A). The United States Court of Appeals for the District of Columbia Circuit has nevertheless held, in a line of cases beginning with Paralyzed Veterans of Am. v. D. C. Arena L. P., 117 F. 3d 579 (1997), that an agency must use the APA’s notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted. The question in these cases is whether the rule announced in Paralyzed Veterans is consistent with the APA. We hold that it is not." From the actual ruling... The Administrative Procedure Act (APA) establishes the procedures federal administrative agencies use for “rule making,” defined as the process of “formulating, amending, or repealing a rule.” 5 U. S. C. §551(5). The APA distinguishes between two types of rules: So-called “legislative rules” are issued through notice-and-comment rulemaking, see §§553(b), (c), and have the “force and effect of law,” Chrysler Corp. v. Brown, 441 U. S. 281, 302–303. “Interpretive rules,” by contrast, are “issued . . . to advise the public of the agency’s construction of the statutes and rules which it administers,” Shalala v. Guernsey Memorial Hospital, 514 U. S. 87, 99, do not require notice-and comment rulemaking, and “do not have the force and effect of law,” ibid. |
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Posted: 3/10/2015 12:12:20 PM EDT
[#35]
Quote HistoryQuoted:
Yeah, but, Nazi pictures and internet patriot cliches! Quote HistoryQuoted:
Quoted:
Hey Chicken Littles! READ THIS: Looks like the opposite of what SCOTUSBlog wrote.... Make sure you notice the differences between interpretive rulings and legislative rulings. One is advisory, the other has the force of law. The M855 ban will have the force of law and is therefore a legislative ruling. "When a federal administrative agency first issues a rule interpreting one of its regulations, it is generally not required to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA or Act). See 5 U. S. C. §553(b)(A). The United States Court of Appeals for the District of Columbia Circuit has nevertheless held, in a line of cases beginning with Paralyzed Veterans of Am. v. D. C. Arena L. P., 117 F. 3d 579 (1997), that an agency must use the APA’s notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted. The question in these cases is whether the rule announced in Paralyzed Veterans is consistent with the APA. We hold that it is not." From the actual ruling... The Administrative Procedure Act (APA) establishes the procedures federal administrative agencies use for “rule making,” defined as the process of “formulating, amending, or repealing a rule.” 5 U. S. C. §551(5). The APA distinguishes between two types of rules: So-called “legislative rules” are issued through notice-and-comment rulemaking, see §§553(b), (c), and have the “force and effect of law,” Chrysler Corp. v. Brown, 441 U. S. 281, 302–303. “Interpretive rules,” by contrast, are “issued . . . to advise the public of the agency’s construction of the statutes and rules which it administers,” Shalala v. Guernsey Memorial Hospital, 514 U. S. 87, 99, do not require notice-and comment rulemaking, and “do not have the force and effect of law,” ibid. Indeed |
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Posted: 3/10/2015 12:14:40 PM EDT
[#36]
Quote HistoryQuoted: This might change drastically, once an R is occupyign the White House.  |
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Posted: 3/10/2015 12:16:31 PM EDT
[#37]
Quote HistoryQuoted: Hey Chicken Littles! READ THIS: Looks like the opposite of what SCOTUSBlog wrote.... Make sure you notice the differences between interpretive rulings and legislative rulings. One is advisory, the other has the force of law. The M855 ban will have the force of law and is therefore a legislative ruling. From the actual ruling... Quote HistoryQuoted: Hey Chicken Littles! READ THIS: Looks like the opposite of what SCOTUSBlog wrote.... Make sure you notice the differences between interpretive rulings and legislative rulings. One is advisory, the other has the force of law. The M855 ban will have the force of law and is therefore a legislative ruling. "When a federal administrative agency first issues a rule interpreting one of its regulations, it is generally not required to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA or Act). See 5 U. S. C. §553(b)(A). The United States Court of Appeals for the District of Columbia Circuit has nevertheless held, in a line of cases beginning with Paralyzed Veterans of Am. v. D. C. Arena L. P., 117 F. 3d 579 (1997), that an agency must use the APA’s notice-and-comment procedures when it wishes to issue a new interpretation of a regulation that deviates significantly from one the agency has previously adopted. The question in these cases is whether the rule announced in Paralyzed Veterans is consistent with the APA. We hold that it is not." From the actual ruling... The Administrative Procedure Act (APA) establishes the procedures federal administrative agencies use for "rule making,” defined as the process of "formulating, amending, or repealing a rule.” 5 U. S. C. §551(5). The APA distinguishes between two types of rules: So-called "legislative rules” are issued through notice-and-comment rulemaking, see §§553(b), (c), and have the "force and effect of law,” Chrysler Corp. v. Brown, 441 U. S. 281, 302–303. "Interpretive rules,” by contrast, are "issued . . . to advise the public of the agency’s construction of the statutes and rules which it administers,” Shalala v. Guernsey Memorial Hospital, 514 U. S. 87, 99, do not require notice-and comment rulemaking, and "do not have the force and effect of law,” ibid. Thank you. . .I think. Now it's just a matter of blurring the line between legislative and interpretive ;-) |
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Posted: 3/10/2015 12:18:48 PM EDT
[#38]
Quote HistoryQuoted:
Once "Amnesty" is forced down our throats..you won't see an "R" in the White House again!!................look how well they stacked the deck in DC and other progressive areas, R's don't stand a chance! Quote HistoryQuoted:
Quoted:
This might change drastically, once an R is occupyign the White House. If an R does not win in 2016 they liberal loons will get control of the SCOTUS and on top of amnesty thing it is truly game over. |
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Posted: 3/10/2015 12:20:51 PM EDT
[#39]
GD never disappoints. Posted Via AR15.Com Mobile |
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Posted: 3/10/2015 12:22:26 PM EDT
[#40]
Quote HistoryQuoted:
Just another brick in the wall (of tyranny). This government is slowly but surely no longer "of the people, by the people, [or] for the people." QFT |
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Posted: 3/10/2015 12:24:31 PM EDT
[#41]
Quote HistoryQuoted:
This might change drastically, once an R is occupyign the White House. I see you got your AZ medical card. Probably want to slow down a bit on the "prescription". |
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Posted: 3/10/2015 12:27:20 PM EDT
[#42]
So how does this apply to something like 41p?
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Posted: 3/10/2015 12:29:02 PM EDT
[#43]
And the good men still do nothing.
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Posted: 3/10/2015 12:29:47 PM EDT
[#44]
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Posted: 3/10/2015 12:30:43 PM EDT
[#45]
Quote HistoryQuoted:
This might change drastically, once an R is occupyign the White House.
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Posted: 3/10/2015 12:31:02 PM EDT
[#46]
Quote HistoryQuoted:
So how does this apply to something like 41p? Oh lawd 
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Posted: 3/10/2015 12:31:16 PM EDT
[#47]
Quote HistoryYup. This and the assault gun thread are proof positive. Posted Via AR15.Com Mobile |
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Posted: 3/10/2015 12:31:23 PM EDT
[#48]
Quote HistoryQuoted: ........I'm actually shocked. Literally shocked at a 9-0 decision for this. US vs Abramski was 5-4 at least showing some of the judges had some sense but this is 9-0? |
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Posted: 3/10/2015 12:31:43 PM EDT
[#49]
Quote HistoryQuoted:
WE ARE SO FUCKED AS A NATION, now you will not know you have violated a new BATFE REG until they kick your Fucking door down... They better have some good armor. |
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Posted: 3/10/2015 12:33:55 PM EDT
[#50]
Quote HistoryQuoted:
And it appears they don't even have to notify the public when they make that change. Quote HistoryQuoted:
Quoted:
So the "Agencies" now have unfettered ability to change, interpret and administer rulings. Welcome to thine kingdom ye serfs. And it appears they don't even have to notify the public when they make that change. So.....how are we supposed to know what I legal or not, after said rule change? |
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