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Garland v. Cargill

Docket No. Op. Below Argument Opinion Vote Author Term
22-976 5th Cir. Feb 28, 2024 Jun 14, 2024 6-3 Thomas OT 2023

Holding: The Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing a rule that classifies a bump stock as a "machinegun" under 26 U.S.C. § 5845(b).

Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 14, 2024. Justice Alito filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/06/2023Petition for a writ of certiorari filed. (Response due May 8, 2023)
04/24/2023Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
04/25/2023Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
05/08/2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
06/07/2023Brief of respondent Michael Cargill in support filed.
06/21/2023DISTRIBUTED for Conference of 9/26/2023.
06/21/2023Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
08/02/2023Rescheduled.
09/20/2023DISTRIBUTED for Conference of 10/6/2023.
09/28/2023Rescheduled.
10/04/2023DISTRIBUTED for Conference of 10/27/2023.
10/30/2023DISTRIBUTED for Conference of 11/3/2023.
11/03/2023Petition GRANTED.
12/18/2023Brief of petitioners Merrick B. Garland, et al. filed.
12/18/2023Joint appendix filed. (Statement of cost filed.)
12/21/2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
12/22/2023Brief amicus curiae of Constitutional Accountability Center filed.
12/22/2023Brief amicus curiae of Patrick J. Charles filed.
12/22/2023Brief amici curiae of Chicago, et al. filed.
12/26/2023Brief amici curiae of American Medical Association, et al. filed.
12/26/2023Brief amicus curiae of FAMM in support of neither party filed.
12/26/2023Brief amici curiae of The District of Columbia, et al. filed.
01/05/2024SET FOR ARGUMENT on Wednesday, February 28, 2024.
01/10/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
01/10/2024Motion for an extension of time to file respondent's brief on the merits filed.
01/11/2024CIRCULATED.
01/12/2024Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 22, 2024.
01/18/2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
01/18/2024Record requested from the United States District Court for the Western District of Texas.
01/22/2024Brief of respondent Michael Cargill filed. (Distributed)
01/23/2024Brief amicus curiae of The Buckeye Institute filed. (Distributed)
01/26/2024Brief amici curiae of Second Amendment Law Center, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, California Rifle & Pistol Association, Inc., and Guns Save Life filed. (Distributed)
01/26/2024Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
01/26/2024Brief amici curiae of Senator Cynthia Lummis, et al. filed. (Distributed)
01/29/2024Brief amicus curiae of FPC Action Foundation filed. (Distributed)
01/29/2024Brief amicus curiae of Firearms Policy Coalition, Inc. filed. (Distributed)
01/29/2024Brief amicus curiae of Manhattan Institute filed. (Distributed)
01/29/2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
01/29/2024Brief amici curiae of National Association for Gun Rights, Inc., et al. filed. (Distributed)
01/29/2024Brief amici curiae of The Firearms Regulatory Accountability Coalition, et al. filed. (Distributed)
01/29/2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
01/29/2024Brief amicus curiae of National Rifle Association of America, Inc. filed. (Distributed)
01/29/2024Brief amici curiae of Gun Owners of America, et al. filed. (Distributed)
01/30/2024Record received from the United States District Court for the Western District of Texas. The record is electronic and is available with the Clerk.
02/16/2024Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
02/28/2024Argued. For petitioners: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan F. Mitchell, Austin, Tex.
06/14/2024Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
07/16/2024Judgment Issued.