The federal government forgot the Tenth Amendment and the structure of the Constitution itself. It is concerning that the federal government believes it swallowed the states whole. Assuming the federal government didn’t abolish the states to take their police power, the Court DENIES the motion to dismiss WITHOUT PREJUDICE. The Court will allow the federal government to try again and explain which enumerated power justifies the federal regulation and whether it allows a taking without compensation. The Court requests that the federal government also address any limits on that federal power and the Court’s proper role in examining the validity of the underlying rule when determining if there was a compensable taking.
Brantley Starr
United States District Judge
March 30, 2020
BRIAN P. LANE, Individually and on behalf of all others similarly situated, Plaintiff, v. THE UNITED STATES
[Via Reason: Another Trump-Appointed Judge Benchslaps the Trump Administration for Rewriting Federal Gun Laws
[It’s a good start.
I know it’s too much to ask for, but I’d like to see those responsible for rewriting the definition of a machine gun without going through the proper legislative procedures being recommended for prosecution. If if they did go through the legislative process see the prosecution any legislators who voted for the illegal infringement of our rights as well as the criminals who advocated for such legislation.—Joe]