Flynn

Sadly it's one of the legal games played by both sides... A lot of defense lawyers will attempt to get away with as many requests for extensions as possible in criminal cases, knowing the longer they push things out the less reliable witness accounts become and the more pressure on the prosecutor's office to clear the case out of the workload... Out legal system is still likely the best in the world, but it has a lot of broken and abused aspects and that list of broken and abused aspects grows by the year...

They could theoretically do that with unsigned vacate and remands every time a bad decision is rendered and the plaintiff seeks SCOTUS intervention, but they won't as it's not what they do...

I would prefer a full smackdown, but this is actually a good option as it gives the lower courts a chance to see the error of their ways... At the end of the day the SCOTUS can no longer stay silent, they are being ignored by the lower courts on a daily basis, they simply can't allow that to continue...

26 states are now suing Biden over this! https://redstate.com/jeffc/2024/05/01/legal-showdown-26-states-file-lawsuits-targeting-atf-anti-gunner-rule-n2173621

There are some good zingers in there, I especially like this one...

We apparently handed it to an inferior activist judicial system that refuses to respect the Supreme Court, Civil Rights, and the Constitution...

You would think, but honestly, if you read enough case law, typos are a common thing... I don't know why, especially in this day and age but they still are... I personally suspect it's because your ordinary spell checker will flag so many Latin or legal quirky sayings or words that spell check is ignored and manual proof reading is not a priority...

Varghese said he had filed the appropriate paperwork to “preserve these arguments for appeal” but that the judge "rejected these arguments, and she went out of her way to limit me.” This is what we face in many courts nowadays, they are no longer trying to hide it... https://redstate.com/jeffc/2024/04/22/brooklyn-man-convicted-over-gun-hobby-by-biased-ny-court-could-be-facing-harsh-sentence-n2173162

I beg to differ, we have a long history of the ATF making stuff up as they go along and changing the rules on the fly, those changes have real-life legal consequences that turn people into felons for something they may have legally owned for years, this needs to end and this case could end that and in the end that is a good thing for the 2nd community... And who knows, with all the lower courts ignoring Heller/Bruen I would not be surprised if the court walks the line and possibly tosses in a reminder or two about Heller/Bruen to put the lower courts on notice...

The Supreme Court grants certiorari and will hear this case... Keep in mind it was the Biden administration that requested the Supreme Court hear it... https://bearingarms.com/camedwards/2024/04/22/scotus-grants-cert-to-atf-ghost-gun-rule-n1224606

You can't enforce the previous ruling of that lower court's interpretation that it's constitutional when it's been reversed by a higher court and the SCOTUS could go one step further and issue a stay on enforcement of any law in question with that reverse and remand order... But, the fact is the SCOTUS won't do this, they are too stuck in their 'polite' ways...

They would accept every appeal, reverse and remand it back to the lower court telling them to read Heller/Bruen and try again and thus never let any lower court ruling of the contrary stand... But, they of course won't do this with the 2nd...

Nope... Although I may not agree with the 4473 questions and current policy, I would also not be hoping charges were dropped against anyone and I mean anyone who chose to deliberately and intentionally lie on a 4473 to illegally obtain a firearm... I simply do not support perjury...

Sadly our legal system doesn't work like that, just look at how all the courts are ruling on all these bans across the US even NY's current legislation... Bruen didn't specifically say that NY's registration was unconstitutional, so there is that as well... AGAIN I agree that it's unconstitutional, but sadly our legal system doesn't follow the " it should go without saying" reasoning most of the time and right now NY's law is NY's law and valid until ruled unconstitutional... Even if we disagree with that logic, that is the logic used by our legal system...

I agree that the law should be found unconstitutional, but right now it's the law, and just like I feel PICA is entirely unconstitutional as well, I'm currently bound to follow it or face charges, she should be treated just like anyone else violating a law not yet found unconstitutional, especially since they have an under oath self confession of her crime in court...