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Posts Tagged executive branch
Case Could Reign In Federal Bureaucracies
From Bearing Arms:
Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.Â
Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)
ATF Claims It’s Not Subject To FOIA
From Guns.com:
“The ATF is not an ‘agency’ within the meaning of the FOIA, 5 U.S.C. § 552(f)(1), and is, therefore, not a proper party defendant,†the agency wrote in its answer to a complaint filed in federal court in June.
Attorney and Second Amendment scholar, David Kopel, said he didn’t know the reasoning behind the ATF answer. “I have no idea what ATF’s argument on that point is,†he said. “There is no separate FOIA law for ATF, and they are plainly an agency within the meaning of the statute.â€