It hasn't been used in the positive ways people think it should be because it's hard to overcome judicial inertia, I think... and also because no one with money wants to litigate the NFA on those grounds. It's trickier than it looks to put together a winning case that doesn't also lose us something. And, if we're being honest, at the Supreme Court level the justices aren't really ruling on the merits of the case in something like this. For something this foundational, they're going to end up ruling on politics. The benefit of a long campaign of minor victories in a legal campaign is that it makes the politics embarrassing to the losing side.
This entry was published Sat Sep 21 06:47:22 CDT 2019 by TriggerFinger
and last updated 2019-09-17 16:43:42.0.