I am not an attorney, clearly. But here’s a question. 

Could the right ATF director sue on behalf of the American people? Could he argue that the NFA has arbitrary distinctions that are injuring his agency by waisting their resources chasing down ill-defined and in common use SBRs, FRTs etc? (As an example)

Would he have standing then? Would that bypass the appeals courts and go straight to USSC if so? Again, I am a layman, but thinking out of the box and beyond memes- with an attorney at the helm. Is what we probably need.