Garland v. Vanderstok

Emergency application for stay is granted on Aug. 8, 2023. Justices Thomas, Alito, Gorsuch, and Kavanaugh would deny the application for stay.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
23a82	5th Cir.	TBD	TBD	TBD	TBD	OT 2022

Issue: Whether the Supreme Court should stay the judgment of the U.S. District Court for the Northern District of Texas baring the Bureau of Alcohol, Tobacco, Firearms, and Explosives from enforcing a 2022 rule regulating "ghost guns" as firearms.

SCOTUSblog Coverage

Justices again side with Biden on ghost guns (Amy Howe, October 16, 2023)
Supreme Court temporarily reinstates rule regulating ghost guns (Amy Howe, August 8, 2023)

Date	Proceedings and Orders (key to color coding)
07/27/2023	Application (23A82) for a stay, submitted to Justice Alito.
07/28/2023	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).
07/29/2023	Brief amicus curiae of District of Columbia, et al. filed.
08/01/2023	Brief amicus curiae of Gun Violence Prevention Groups filed.
08/02/2023	Response to application from respondent Jennifer VanDerStok, Michael G. Andren, Tactical Machining, Firearms Policy Coalition, Inc. filed.
08/02/2023	Response to application from respondent BlackHawk Manufacturing Group, Inc. d/b/a 80 Percent Arms filed.
08/02/2023	Response to application from respondent Defense Distributed; Second Amendment Foundation, Inc.; Not An LLC, LLC, doing business as JSD Supply filed.
08/02/2023	Brief amicus curiae of Firearms Regulatory Accountability Coalition, Inc. filed.
08/03/2023	Reply of applicant Merrick B. Garland, et al. filed.
08/04/2023	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.
08/08/2023	Application (23A82) referred to the Court.
08/08/2023	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.