This pretty much defined the day. Those expecting a Second Amendment defense decrying Chevron deference overreach instead heard the justices trying to grasp competing definitions of “function of a trigger” along with scenarios unlikely to persuade judges who equate “common use” with widespread commercial popularity. [More]
You were expecting a slam dunk…?
“You were expecting a slam dunk…?”
“Why doesn’t he just ‘beam up’?
Because this is reality, Fred!” — more or less quoted from “E.T.”
If Alito or Thomas had been Chief Justice, we might have gotten one, but they’re not. And that tendency to flipping of apple carts might be why they’re both Associate Justices and not the boss.
Whereas Roberts is more of an incrementalist nibble at the edges kind of guy.
In short, for better or worse, he tends not to do “slam dunks.”
No slam dunks in store.
Plaintiffs’ weak presentation is likely to result in a ‘finding for the gov.’ and pumping up of BATFE’s native arrogance.
We shall see.