Brief argues Supreme Court should use Montana gun case to fix
Attorneys general in one-fourth of the states say the 10th Amendment essentially has been overturned by decades of incorrect court rulings, and the Supreme Court needs to repair the damage.
“By abandoning any meaningful standard for the substantiality of an intrastate activity’s effects on interstate commerce, this court has enabled the Congress to ‘draw the circle broadly enough to cover’ activity, that when viewed in isolation, would have no substantial effect on interstate commerce at all,” representatives for the 12 states have told the high court.
The states are Utah, Alabama, Alaska, Arizona, Idaho, Kansas, Michigan, Nebraska, Oklahoma, South Carolina, South Dakota and Wyoming.
The arguments are part of a surge of requests for the Supreme Court to take under review a dispute over the Montana Firearms Freedom Act. The law states that firearms made and kept in Montana are exempt from federal regulation under the Commerce Clause, which gives the federal government authority to regulate commerce only “among” the states.
The case was brought by the Montana Shooting Sports Association and its president, Gary Marbut, after the Montana legislature adopted the law and the federal government threatened firearms dealers and potential manufacturers.