Part of me agrees, but the other part tries to apply logic here - since Congress has denied funding for this process, then Congress has in effect decided Bean's case, and Thomas engaged in nit-picking to get around that fact.
Without the funds, the ATF simply doesn't do ANYTHING. And since they didn't actually deny Bean's petition, the courts are powerless to review. Its up to that scum-bag Congress to FIX this if they can ever get their collective heads out of their collective a**es. The way things are now, if you are convicted of any offense around the world, your Constitutional rights to keep and bear is forfeit. The whole thing stinks of the corruption of 8 years of Bill The Rat and his RAT party. Congress is abdicating its responsibility under the Constitution.