Posted on 12/12/2018 6:45:34 AM PST by rktman
The Supreme Court of the United States plans to hear a rather unique case. The plaintiffs in the case, Kisor v. Wilkie, wants the Court to overrule prior precedent in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co. Under those two cases, the courts are directed "to defer to an agency’s reasonable interpretation of its own ambiguous regulation," SCOTUS Blog reported.
The case was brought about by Marine James Kiso who served in the Vietnam War. He sought benefits for Post Traumatic Stress Disorder. The Department of Veterans Affairs in 2006 agreed that Kiso did, in fact, have PTSD. The VA refused to provide Kiso with backpay for benefits dating back to 1983, when he initially filed his claim.
The real win, however, would be for gun owners. Specifically, if Congress decides to rule in Kisor's favor, it means the Department of Alcohol, Tobacco, Firearms and Explosives (ATF) could be reigned in. Right now, there are legal gray areas as far as implementing laws go.
(Excerpt) Read more at townhall.com ...
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Supposedly Kavanaugh is a lot stronger on the 2nd Amendment than Kennedy ever was. If you want to get really scared, see how close we came to losing the Heller decision. In former Justice Stevens latest book he said Kennedy was ready to vote with the liberal block and rule there was no 2nd amendment guarantee for individual gun ownership until at the last minute Roberts “watered down” the ruling adding the language talking about upholding existing gun laws and reasonable restrictions to get him back on board.
It just goes to show that judges are politicians like everyone else.
Scary.
So Kennedy was more persuaded by his political leanings than the plain language of 2A. Still waiting for SCOTUS to address the meaning of “...shall not be infringed”.
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