| No. 23A82 | |
| Title: | Merrick B. Garland, Attorney General, et al., Applicants v. Jennifer Vanderstok, et al. |
| Docketed: | July 27, 2023 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (23-10718) |
| Date | Proceedings and Orders |
| Jul 27 2023 | Application (23A82) for a stay, submitted to Justice Alito. |
| Proof of ServiceMain DocumentLower Court Orders/Opinions | |
| 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). |
| Jul 29 2023 | Brief amicus curiae of District of Columbia, et al. filed. |
| Main DocumentProof of Service | |
| Aug 01 2023 | Brief amicus curiae of Gun Violence Prevention Groups filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 02 2023 | Response to application from respondent Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. filed. |
| Main DocumentProof of Service | |
| Aug 02 2023 | Response to application from respondent BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms filed. |
| Main DocumentProof of Service | |
| Aug 02 2023 | Response to application from respondent Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply filed. |
| Main DocumentProof of Service | |
| Aug 02 2023 | Brief amicus curiae of Firearms Regulatory Accountability Coalition, Inc. filed. |
| Main DocumentProof of Service | |
| Aug 03 2023 | Reply of applicant Merrick B. Garland, et al. filed. |
| Proof of ServiceReply | |
| 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. |
| Aug 08 2023 | Application (23A82) referred to the Court. |
| 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. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Merrick B. Garland, et al. | ||
| Attorneys for Respondents | ||
| Charles Randall Flores Counsel of Record | Flores Law PLLC 917 Franklin Street Suite 600 Houston, TX 77002 cf@chadfloreslaw.com | 713-893-9444 |
| Party name: Defense Distributed | ||
| Charles Randall Flores | Flores Law PLLC 917 Franklin Street Suite 600 Houston, TX 77002 cf@chadfloreslaw.com | 713-893-9444 |
| Party name: Second Amendment Foundation, Inc. | ||
| Michael James Sullivan Counsel of Record | Ashcroft Law Firm, LLC 200 State Street, 7th Floor Boston, MA 02109 msullivan@ashcroftlawfirm.com | 6175739400 |
| Party name: BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms | ||
| David H. Thompson Counsel of Record | Cooper & Kirk, PLLC 1523 New Hampshire Avenue, N.W. Washington, DC 20036 DTHOMPSON@COOPERKIRK.COM | 202-220-9600 |
| Party name: Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. | ||
| Charles Randall Flores Counsel of Record | Flores Law PLLC 917 Franklin Street Suite 600 Houston, TX 77002 cf@chadfloreslaw.com | 713-893-9444 |
| Party name: Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply | ||
| Other | ||
| Caroline Sage Van Zile Counsel of Record | Attorney General for the District of Columbia Office of the Solicitor General 400 6th Street, NW, Suite 8100 Washington, DC 20001 caroline.vanzile@dc.gov | (202) 724-6609 |
| Party name: District of Columbia et al. | ||
| Kathleen Roberta Hartnett Counsel of Record | Cooley LLP 3 Embarcadero Center 20th Floor San Francisco, CA 94111 KHARTNETT@COOLEY.COM | (415) 693-2071 |
| Party name: Gun Violence Prevention Groups | ||
| Stephen Joseph Obermeier Counsel of Record | Wiley Rein LLP 2050 M Street NW Washington, DC 20036 SOBERMEIER@WILEY.LAW | (202) 719-7465 |
| Party name: Firearms Regulatory Accountability Coalition, Inc. | ||