Federal Judge Vacates ATF’s Unlawful “Frame or Receiver” Rule

[JAL]

Well how magnanimous of them.

Watch what happens if anyone attempts to. The emergency motion will be heard and acted on so fast it will make their heads spin. Those kinds of motions and appeals are heard immediately.

 

[JAL]

Oct 6th: DOJ makes emergency appeal to SCOTUS regarding Judge Reed O'Connor's Sept 14th Preliminary Injunction (that replaced his order vacating the rule in its entirety).

https://www.supremecourt.gov/DocketPDF/23/23A302/284301/20231005153709151_23a Application Garland v. Defense Distributed.pdf


Oct 6th: Samuel Alito issues temporary stay of O'Connor's Prelim Injunction effective until Oct 16th (Monday) (ten calendar days).
VanDerStok et al. have until Oct 11th (next Wednesday) to reply to the DOJ emergency appeal. The order itself is one short paragraph. Based on what Alito did before with the application to stay Reed O'Connor's vacating the rule in its entirety, I suspect he is referring this to the entire court. Alito's stay is a very short paragraph.

https://www.supremecourt.gov/orders/courtorders/100623zr_986b.pdf

How does this currently affect those selling 80% frames/receivers, and fixtures/jigs for them, at least until 5 PM Oct 16th?
Not certain yet. Looking now, but it's something anyone can do going to sites of online 80% frame/receiver sellers and checking their status regarding sales and shipping. This all hit last night. I expect the online sellers are dealing with it and doing what they need to do this weekend. They have a turn-around time on changing their web sites.

Regarding any prediction on the outcome of this emergency appeal, keep in mind they're dealing now with a District Court's Preliminary Injunction to preserve status quo from irreparable damage, not a final order vacating the entire rule. That makes it quite different and much more likely SCOTUS will tell DOJ to go away.

 

[DadSmith]

After US argues 5th Circuit 'countermanded' SCOTUS, Alito allows 'ghost gun' regulations, for now

U.S. Supreme Court Justice Samuel Alito has temporarily allowed the Biden administration to enforce

www.abajournal.com

 

[JAL]

After US argues 5th Circuit 'countermanded' SCOTUS, Alito allows 'ghost gun' regulations, for now

U.S. Supreme Court Justice Samuel Alito has temporarily allowed the Biden administration to enforce

www.abajournal.com

That stay is temporary until Oct 16th (Monday). It's the one I posted about. Alito want reply from Plaintiffs (VanDerStok et al.) by tomorrow (11th). Expect SCOTUS to rule on DOJ's Emergency Stay Motion some time Monday, Oct 16th.

 

[DadSmith]

That stay is temporary until Oct 16th (Monday). It's the one I posted about. Alito want arguments from DOJ and Plaintiffs by tomorrow (11th). Expect SCOTUS to rule on DOJ's Emergency Stay Motion some time Monday, Oct 16th.

Thanks JAL.

 

[JAL]

Two reply briefs opposing DOJ filed today per SCOTUS order . . .

From Defense Distributed:
https://www.supremecourt.gov/DocketPDF/23/23A302/284765/20231011170008191_Defense%20Distributed%20Response.pdf

From Blackhawk Mfg dba 80 Percent Arms:
https://www.supremecourt.gov/DocketPDF/23/23A302/284701/20231011140812230_2023.10.11%20BlackHawk%20SCOTUS%20Response_FINAL%20-%20to%20file.pdf

SCOTUS Docket with minute entries for it is 23A-302 (where I found the two briefs above):
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a302.html

I've not read them yet. No comment yet. Stay tuned . . .

 

[BigNyaKelly]

I've been following this case forever and I just can't understand it - it seems like this rule goes back and forth more frequently than I change songs on the radio!!! This and the SBR case are messing with me haha

 

[JAL]

Even though it wasn't requested in Alito's order, DOJ has to get the last word in with a retort to Defense Distributed and Blackhawk Mfg. (80 Percent Arms). Filed yesterday, and I've not read it yet, having unearthed it today . . .

https://www.supremecourt.gov/DocketPDF/23/23A302/284901/20231012161738009_23A302%20Blackhawk%20Reply%20v.f.pdf

Nothing else as of today (Friday after 5 PM). Expecting SCOTUS to issue something Monday as that's when Alito's temporary stay expires.

 

[JAL]

From SCOTUS at close of business today:

Application (23A302) to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The September 14, 2023 order of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, is vacated.

No rationale. No dicta. That's it. That's all there is. Just the order itself. No word on what the vote was. If I were to take an educated guess, it would be what the last one was.

The Fat Lady hasn't sung yet. They're only arguing over Preliminary Injunctions. The case will roll onward in the District Court and eventually the 5th Circuit. This only affects the VanDerStok case.

 

[Alamo]

From SCOTUS at close of business today:

No rationale. No dicta. … The Fat Lady hasn't sung yet.

Not an encouraging trend tho.

 

[DadSmith]

 

[Mgderf]

What a convoluted bunch of crap!

 

[KLB]

Seems each Justice added by Trump was less a Constitutionalist than the last.

 

[AndreusMaximus]

Seems each Justice added by Trump was less a Constitutionalist than the last.

Yeah, it's weird. Everything I heard about ACB made me think she'd be the best one yet, but she turned out to be the worst. Meanwhile I had some serious doubts about Neil Gorsuch when he was nominated, but now he about seems to be the best of the three. Not that I was very well educated on the matter, so...

Well, hopefully they'll make the right decision in the end, which is what matters most.

 

[Ingomike]

Yeah, it's weird. Everything I heard about ACB made me think she'd be the best one yet, but she turned out to be the worst. Meanwhile I had some serious doubts about Neil Gorsuch when he was nominated, but now he about seems to be the best of the three. Not that I was very well educated on the matter, so...

Well, hopefully they'll make the right decision in the end, which is what matters most.

Shall I dare say it? That they are, wait for it, conservative in their rulings?

 

[AndreusMaximus]

Shall I dare say it? That they are, wait for it, conservative in their rulings?

Yeah, I can't really complain too much, overall. The Supreme Court is doing a lot more for the American people right now than the other two branches of government, to put it mildly.

ACB still ticked me off with some of her votes on suits pertaining to forced "vaccinations." But I guess that's a topic for another thread...

 

[Ingomike]

Shall I dare say it? That they are, wait for it, conservative in their rulings?

Joking aside I do not want justices ruling prematurely like we complain about the left, if they do rule against when it is their decision then let them have it.

It is frustrating that the left doesn’t follow constitutional order…

 

[AndreusMaximus]

Joking aside I do not want justices ruling prematurely like we complain about the left, if they do rule against when it is their decision then let them have it.

It is frustrating that the left doesn’t follow constitutional order…

I can't blame you for thinking that way, in fact I respect it.

Me, I've given up all care about principle at this point. We're never getting back to being a country that cares about law and order and respect for the proper process, so just give the left a taste their own medicine, I say.

 

[KLB]

Yeah, it's weird. Everything I heard about ACB made me think she'd be the best one yet, but she turned out to be the worst. Meanwhile I had some serious doubts about Neil Gorsuch when he was nominated, but now he about seems to be the best of the three. Not that I was very well educated on the matter, so...

Well, hopefully they'll make the right decision in the end, which is what matters most.

I was the opposite. Kavanaugh and ACB were both more CoC types, as jamil would say. I read things about ACB especially that made me leery of her.

 

[Ark]

Once again "conservatives" fail to conserve anything.