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Merrick B. Garland, Attorney General, et al., Applicants v. Jennifer Vanderstok, et al.

Application · United States Court of Appeals for the Fifth Circuit, No. 23-10718


Application granted · August 8, 2023

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Charles Randall Flores
Flores Law PLLC

Case

Conference history

Amicus briefs
3 cert-stage

Proceedings

  1. Aug 08 2023
    Application (23A82) referred to the Court.
  2. Aug 08 2023
    Application (23A82) for stay presented to Justice Alito and by him referred to the Court is granted. The June 30, 2023 order and July 5, 2023 judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, insofar as they vacate the final rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 87 Fed. Reg. 24652 (April 26, 2022), are stayed pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application for stay.
  3. Aug 04 2023
    Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the responses, and the reply filed thereto, it is ordered that the stay issued on July 28, 2023, is hereby extended until 5 p.m. (EDT) on Tuesday, August 8, 2023.
  4. Aug 03 2023
    Reply of applicant Merrick B. Garland, et al. filed.
  5. Aug 02 2023
    Response to application from respondent Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. filed.
  6. Aug 02 2023
    Response to application from respondent BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms filed.
  7. Aug 02 2023
    Response to application from respondent Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply filed.
  8. Aug 02 2023
    Brief amicus curiae of Firearms Regulatory Accountability Coalition, Inc. filed.
  9. Aug 01 2023
    Brief amicus curiae of Gun Violence Prevention Groups filed.
  10. Jul 29 2023
    Brief amicus curiae of District of Columbia, et al. filed.
  11. Jul 28 2023
    Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT).
  12. Jul 27 2023
    Application (23A82) for a stay, submitted to Justice Alito.