Jeff Bezos Has Worst Response Ever to Washington Post Turmoil

In his 22-page ruling, Kacsmaryk wrote that the plaintiffs would likely succeed in their argument that the ATF had overstepped the Administrative Procedure Act by changing the rule without congressional approval and that expanding the definition of gun sellers put the burden on “gun owners [to] prove innocence, rather than the government [to] prove guilt.” He enjoined the ruling, meaning that the new ATF rule cannot be enforced in any of the plaintiff states, until the lawsuit is resolved.

Kacsmaryk’s injunction follows a similar tactic in his infamous ruling last year threatening nationwide mifepristone access: to undermine the authority of a federal agency. He issued a ruling overturning the Food and Drug Administration’s approval of the abortion pill, which had been on the market for nearly 20 years. Kacsmaryk, who has long-standing ties to the anti-abortion movement, deployed a Victorian-era rule in his argument to ban the drug, which he also cited in a separate ruling to ban drag performances.

Ultimately, the Supreme Court declined to override the FDA’s authority. It is unclear if it will follow the same line of thinking should the gun seller case reach the high court.