No other Court is liberal / activist (but I repeat myself) enough.
Eugene Volokh reports that the 9th
He starts here, so read that one and the next three above it. He concludes:
No trial, no proof, you lose your business -- that's what the law says.Hey, why not? If the USF&WS can shut down a business on suspicion of selling a protected plant, why shouldn't you be able to sue a gun manufacturer out of business for not breaking the law?
The circuit decision is here, if you have the stomach for it.
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