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SCOTUS Grants Stay On VanDerStok

August 9, 2023 by

By a 5-4 vote, the Supreme Court extended the stay on the Northern District of Texas’ injunction on the BATFE’s frames or receivers rule. The stay had been requested by the Solicitor General in an emergency request to the Supreme Court. The stay keeps the rule in place. It will be lifted only when the 5th Circuit makes a final disposition of the case or if certiorari is denied assuming an appeal to the SCOTUS.

The four justices who would have lifted the stay are Justices Alito, Gorsuch, Kavanaugh, and Thomas. Justice Barrettt, unfortunately sided with the liberals on the Court as did the Chief Justice.

The order from the Court is below:

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VanDerStok was a big win and one hopes that it will continue to be a win.

Note: Blogging may be slow this week as we are visiting relatives.

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Judgment Stayed For 90 Days

July 29, 2014 by 2 Comments

As pretty much expected, Judge Frederick Scullin, Jr. granted the District of Columbia a stay of his decision finding DC’s ban on the possession of firearms outside the home as unconstitutional. However, the District only got 90 days or until October 22nd.

The plaintiffs had indicated that they would agree to a 90-day stay if the City Council would enact remedial legislation within that time that was consistent with Constitutional standards.

The plaintiffs have until Monday, August 4th, to file a motion in opposition to the stay and the defendants then have until the following Monday to file their reply in support of a 180-day stay pending appeal.

In a footnote to the order, Judge Scullin asserted that he saw no need to clarify his decision noting that the injunction “clearly applied only to handguns and not any other type of deadly dangerous weapon.” DC’s Attorney General had tried to assert the original ruling was broader than “scope of the gun owners’ lawsuit and that it appeared to apply to restrictions on the carrying of all deadly weapons and not just handguns.”

I agree with Bitter that there is no reason the DC City Council cannot enact a workable carry law within 90 days. As she notes, the DC police proved that they could come with something on the fly. 

As to an appeal of the decision, my gut still tells me that DC will go for it.