SCOTUS Requests Response From Arundel County, MD in 1A/2A Case Cert. Petition

[JAL]

This bodes well for Maryland Shall Issue, Inc. (gun rights org) who sued Arundel County challenging their Ordinance requiring Suicide Warning literature be handed out to all gun store customers. It was brought as a 1A case claiming it's "government compelled speech" opposed by Arundel County gun store owners. It was already heard at the Maryland Federal District and 4th Circuit Courts, which sided with (should be no surprise) Arundel County. Maryland Shall Issue, Inc. petitioned SCOTUS for a Writ of Certiorari. SCOTUS has now requested a response brief from Arundel County. That means there's a very strong probability SCOTUS will grant Certiorari to hear the case.

What does mean nationally? Given the recent DHHS Surgeon General declaring guns are a National Health Crisis and Emergency, one of their stated goals is requiring Warning Labels be applied to all guns, ammunition, and gun accessories, similar to the Tobacco Warning Labels required by FDA, declaring anything gun related is EVIL. Combine this with last Friday's Loper Bright Decision that permanently smashed Chevron Deference, and Biden's desperate measures to find any means possible to completely ban and seize guns from every civilian will be further reined in. There's other SCOTUS Decisions within the past several years regarding similar "Compelled Speech" that bodes well for a positive outcome from SCOTUS.

Mark W. Smith -- Four Boxes Diner has a nice video about it. Stumbled onto it looking to see if he commented on yesterday's Presidential Immunity Decision (he hasn't yet). Links to Court Listener case docs are below the video.



For the Legal Geeks . . .

4th Circuit Court of Appeals Case Minutes (Court Listener; 4th Ckt denied motion for en banc rehearing):
https://www.courtlistener.com/docket/67124848/maryland-shall-issue-inc-v-anne-arundel-county-maryland/

Maryland District Court Case Minutes (Court Listener):
https://www.courtlistener.com/docket/63228009/maryland-shall-issue-inc-v-anne-arundel-county-maryland/

 

[chipbennett]

The most misunderstood thing about Loper Bright overturning Chevron deference: Loper Bright doesn't mean that a government agency can't perform rule-making. Rather, it merely means that such rule-making can be evaluated by courts to determine if the rule is constitutional/allowable under the empowering statute.

Under Chevron, the courts couldn't even consider the question of whether an agency rule was constitutional/allowable under the statute that empowered the agency to administer/enforce the statute. Under Loper Bright, the Surgeon General can still issue a rule declaring "gun violence" a public safety emergency and requiring related labeling. Now, however, that rule-making can be challenged in the courts, and the courts can determine if that rule is constitutional.

Under Chevron, the courts wouldn't have even been able to evaluate the rule. Now, sanity has returned, and courts can tell the Surgeon General that such a rule exceeds statutory authority.

 

[JAL]

The most misunderstood thing about Loper Bright overturning Chevron deference: Loper Bright doesn't mean that a government agency can't perform rule-making. Rather, it merely means that such rule-making can be evaluated by courts to determine if the rule is constitutional/allowable under the empowering statute.

Under Chevron, the courts couldn't even consider the question of whether an agency rule was constitutional/allowable under the statute that empowered the agency to administer/enforce the statute. Under Loper Bright, the Surgeon General can still issue a rule declaring "gun violence" a public safety emergency and requiring related labeling. Now, however, that rule-making can be challenged in the courts, and the courts can determine if that rule is constitutional.

Under Chevron, the courts wouldn't have even been able to evaluate the rule. Now, sanity has returned, and courts can tell the Surgeon General that such a rule exceeds statutory authority.

Anne Arundel County, MD, was "carrying water" for the Feds, DHHS in particular, in passing their ordinance. Any Fed Rule coming out of DHHS would be immediately challenged citing APA and Loper Bright not granting DHHS Rules deference. I expect any "Label Rules" would also be challenged under 1A as well (Govt Compelled Speech). This should get interesting next SCOTUS term (Fall 2024) if SCOTUS grants Cert.

DHHS has anti-2A designs beyond the "labels". That's just one strategy. They also want to issue "Safe Storage Rules" requiring everyone to lock up ALL their guns unloaded in one safe, and all their ammo in another safe -- ignoring the Heller Decision. And there's more in the works regarding how to declare people "Prohibited Persons" based on medical conditions.

Bottom line is every victory . . . if SCOTUS grants Cert to this one coming out of Anne Arundel County, MD, serves to put the brakes on Fed machinations to disarm America.