Could the Trump Department of Justice (DOJ) protection of the National Firearms Act (NFA) in Silencer Shop v BATF be a tactical move to bring the case to the Supreme Court?
The Supreme Court case United States v Windsor upended centuries of precedent and jurisprudence in the United States by finding a key part of the Defense of Marriage Act to be unconstitutional. The Obama administration played a key part in this policy shift by claiming the act was constitutional, thus protecting “standing” in the case. Later, the Obama DOJ switched sides and agreed with Windsor that the Defense of Marriage Act was not constitutional. The Supreme Court ruled in favor of Windsor in a 5-4 decision.
According to Mark Smith, prominent Second Amendment advocate and member of the Supreme Court Bar, and frequent writer at AmmoLand, the tactic of the federal government arguing for one side of a case until the case reaches the Supreme Court, then switching sides, has come to be known as “pulling a Windsor”. The DOJ defense of the NFA in the Fifth Circuit is very unpopular with Second Amendment supporters
Click the link to read the whole article: Is the DOJ Pulling a “Windsor”
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