On a Sauer Note

[T]he Supreme Court has just denied cert in a case where the solicitor general of the United States under Donald Trump actually wanted the court to take it. This is huge great news folks because it is signaling that the Supreme Court is done with criminals defending the right to keep and bear arms and much more likely to let law-abiding ordinary citizens vindicate their rights. This is a big deal, folks, because as you know, those 18 USC 922G cases are problematic because their bad facts make bad law. [Watch]

I’m more concerned with the fact that the SG knows that and proceeded anyway. After all, didn’t NSSF tell us, “USA Today and gun control groups [were] in a tizzy [because] U.S. Solicitor General John Sauer wrote, ‘The United States has a substantial interest in the preservation of the right to keep and bear arms and in the proper interpretation of the Second Amendment…'”?

And Smith himself declares “Prosecutorial discretion has always been a part of our legal system.”

So why does this seem to be a tradition with “pro-gun”Republican administrations?

Never forget:

We condemn any program that involves enforcing unconstitutional “laws”, even if such “laws” are enforced only against violent criminals. Unconstitutional “laws” are illegal, harmful to public safety, tyrannical, and are inevitably enforced against ordinary, non-criminal citizens.

[Via Jess]

Just Like the Founders Intended!

Solicitor General Defends NFA Taxation and Registration Scheme for Short-Barreled Rifles… “When it comes to federal gun laws, it’s hard to differentiate the DOJ under Pam Bondi from the DOJ under Merrick Garland. [More]

Would it be catty if I said I’m waiting for Mark Smith to declare “They say that like it’s a bad thing”?

[Via Andy M]

Related UPDATE

Ah, here we go:

The bottom line is the DOJ’s ultimate conclusion is okie dokie with us. But but sort of some of the methodological arguments they made: Not so smoothie poothie.

I get that it might not be the “right” case. That doesn’t excuse the arguments.

On a side note, I haven’t cringed that much since GW said “Pootie-Poot.”

[Via Jess]

I Come to Bury Caesar, Not to Praise Him

Ted Olson, 9/11, Citizens United, Bush v. Gore & The Importance of A Great Solicitor General [Watch]

That would be the same Ted Olson who argued against the Supreme Court hearing the Emerson case, asked the Supreme Court not to intervene in the Haney case, and argued against “restoring” a gun owner’s rights in the Bean case.

I don’t set out to pick arguments with influencers. It’s just that sometimes I hear things that trigger my inner Fletcher.

[Via Jess]