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kingfish

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I'm sure most of you have by now heard about the mask mandate ruling by Federal Judge Kathryn Kimball Mizelle. In reading her ruling perhaps the most salient point she makes is...

A. the Mask Mandate Exceeds the CDC's Authority under the Public Healts Services Act.

Because "administrative agencies are creatures of statute," they "possess only the authority that Congress has provided."

So now lets change out. for argument sake, the term mask mandate to ghost gun ban. Congress established the National Firearms Act of 1968 and that has been the law of the land ever since. I see no distinction that would contradict this ruling when applied to the GGB. The BATFE is no different that the CDC. Just another alphabet agency of the Executive branch. The GG ban is an arbitrary rule contrived under political pressure by an agency that has no authority or backing by the legislative branch.

Any and all pro 2A groups should immediately upon implementation of the GGB file an injunction with this federal judge and let here strike it down or have to explain how it is different from her ruling against the mask mandate. Any and all future restrictions by the BATFE boys should receive the same treatment.




 

TerryMiller

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I'm sure most of you have by now heard about the mask mandate ruling by Federal Judge Kathryn Kimball Mizelle. In reading her ruling perhaps the most salient point she makes is...

A. the Mask Mandate Exceeds the CDC's Authority under the Public Healts Services Act.

Because "administrative agencies are creatures of statute," they "possess only the authority that Congress has provided."

So now lets change out. for argument sake, the term mask mandate to ghost gun ban. Congress established the National Firearms Act of 1968 and that has been the law of the land ever since. I see no distinction that would contradict this ruling when applied to the GGB. The BATFE is no different that the CDC. Just another alphabet agency of the Executive branch. The GG ban is an arbitrary rule contrived under political pressure by an agency that has no authority or backing by the legislative branch.

Any and all pro 2A groups should immediately upon implementation of the GGB file an injunction with this federal judge and let here strike it down or have to explain how it is different from her ruling against the mask mandate. Any and all future restrictions by the BATFE boys should receive the same treatment.





That in bold letters, especially the last part. Sadly, Congress has been known to write legislation with a caveat within that gives broad authority to the "director/head/secretary" of the agency created or assigned authority over the legislation to be enacted. For example, Congress could pass a new law regarding a policy of education to be enacted and administered by the Department of Education and provide authority to the cabinet secretary over the Dept. of Education. Under such a wording of the law, Congress just gave up authority.
 
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Which is exactly why they’re fighting the ruling. Effing political hack morons. :mad:

If you ever needed any more evidence that this entire mask mandate debacle was BS, here it is, straight from the CDC:

DOJ to appeal mask ruling after CDC request

The CDC said in a Wednesday statement that “to protect CDC’s public health authority beyond the ongoing assessment announced last week, CDC has asked DOJ to proceed with an appeal in Health Freedom Defense Fund, Inc., et al., v. Biden, et al.”

And:

While the mask mandate will remain suspended for the time being, and likely was going to expire soon anyway, a major reason public health experts had pushed for an appeal is to preserve the CDC’s legal authority for the future.

They have nothing to support the NEED for continuing the mask requirements, they just want to hold onto their power over people. This is maddening.
 

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