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Damien Guedes, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5042 · judgment April 1, 2019

Certiorari denied · March 2, 2020
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Questions presented

  1. Whether Chevron deference, rather than the rule of lenity, takes precedence in the interpretation of statutory language defining an element of various crimes where such language also has administrative applications?

  2. Whether, if Chevron deference applies and takes priority over the rule of lenity, such deference can be waived in the course of litigation and on appeal?

  3. Whether, if Chevron deference applies and cannot be waived, Chevron should be overruled?

Counsel of record

For petitioner
Erik S. Jaffe
Schaerr | Jaffe LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 5 conferences

Amicus briefs
7 cert-stage

Linked docket
18A1352

Argument & decision

Decided March 2, 2020.

Proceedings

  1. Mar 02 2020
    Petition DENIED. Statement of Justice Gorsuch. (Detached Opinion)
  2. Feb 24 2020
    DISTRIBUTED for Conference of 2/28/2020.
  3. Feb 14 2020
    DISTRIBUTED for Conference of 2/21/2020.
  4. Jan 21 2020
    DISTRIBUTED for Conference of 1/24/2020.
  5. Jan 13 2020
    DISTRIBUTED for Conference of 1/17/2020.
  6. Dec 19 2019
    Reply of petitioners Damien Guedes, et al. filed.
  7. Dec 18 2019
    DISTRIBUTED for Conference of 1/10/2020.
  8. Dec 04 2019
    Brief of respondents Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. in opposition filed.
  9. Nov 04 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2019.
  10. Oct 31 2019
    Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
  11. Oct 04 2019
    Brief amicus curiae of New Civil Liberties Alliance filed.
  12. Oct 03 2019
    Brief amicus curiae of Center for Constitutional Jurisprudence filed.
  13. Oct 03 2019
    Brief amicus curiae of The Cato Institute filed.
  14. Oct 03 2019
    Brief amici curiae of Due Process Institute filed.
  15. Oct 03 2019
    Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
  16. Oct 02 2019
    Brief amicus curiae of Firearms Policy Coalition filed.
  17. Oct 02 2019
    Brief amici curiae of NFA Freedom Alliance, Inc., California Gun Rights Foundation, and Arizona Citizens Defense League filed.
  18. Sep 25 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
  19. Sep 24 2019
    Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
  20. Sep 13 2019
    Blanket Consent filed by Petitioner, Damien Guedes, et al.
  21. Aug 29 2019
    Petition for a writ of certiorari filed. (Response due October 4, 2019)
  22. Jun 24 2019
    Application (18A1352) granted by The Chief Justice extending the time to file until August 29, 2019.
  23. Jun 18 2019
    Application (18A1352) to extend the time to file a petition for a writ of certiorari from June 30, 2019 to August 29, 2019, submitted to The Chief Justice.
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