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)
 
Proceedings and Orders
Jul 27 2023 Application (23A82) for a stay, submitted to Justice Alito.
Proof of Service Main Document Lower 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 Document Proof of Service
Aug 01 2023 Brief amicus curiae of Gun Violence Prevention Groups filed.
Main Document Proof of Service Certificate of Word Count
Aug 02 2023 Response to application from respondent Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. filed.
Main Document Proof of Service
Aug 02 2023 Response to application from respondent BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms filed.
Main Document Proof 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 Document Proof of Service
Aug 02 2023 Brief amicus curiae of Firearms Regulatory Accountability Coalition, Inc. filed.
Main Document Proof of Service
Aug 03 2023 Reply of applicant Merrick B. Garland, et al. filed.
Proof of Service Reply
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.
Attorneys
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
Ph: 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
Ph: 713-893-9444
Party name: Defense Distributed


Charles Randall Flores
Flores Law PLLC
917 Franklin Street
Suite 600
Houston, TX 77002

cf@chadfloreslaw.com
Ph: 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
Ph: 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
Ph: 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
Ph: 713-893-9444
Party name: Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply


Other Attorneys
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
Ph: (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
Ph: (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
Ph: (202) 719-7465
Party name: Firearms Regulatory Accountability Coalition, Inc.