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Josh Blackman
@JoshMBlackman
, 4 tweets, 2 min read Read on Twitter
Breaking: #SCOTUS denies stay in bump stock case. Thomas and Gorsuch dissent. There wasn't even a call for a response. #ButGorsuch #NotKavanaugh
The Plaintiffs are seeking a stay from the Court of Appeals, an rehearing en banc
As it stands now, there is only one person in America who can own a bumpstock. A single district court judge in Utah issued a PI, but declined to make it nationwide.
*My mistake. The District Court in Utah denied the PI. nclalegal.org/aposhian-barr/ The 10th Circuit granted a stay pending the disposition of the appeal. The briefing schedule is still ongoing.
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More from @JoshMBlackman see all

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Josh Blackman
@JoshMBlackman
1/ 11th Circuit En Banc Court splits on application of Terry rule. The majority and dissent also disagree about the appropriate use of originalism in the inferior courts. media.ca11.uscourts.gov/opinions/pub/f…
2/ The defendant argued that court should construe Terry narrowly, based on Justice Scalia's originalist position.
3/ The majority opinion (W. Pryor) contends that "when 'a precedent of [the Supreme] Court has direct application,' we must follow it."
Read 10 tweets
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Josh Blackman
@JoshMBlackman
Congratulations to the @HarlanInstitute @ConSource Virtual #SCOTUS Semifinalists: harlaninstitute.org/2019/04/16/har… The Championship round will be held on 5/13 at the Georgetown #SCOTUS Institute
Match #1:
Petitioner: Curtis Herbert & Sana Wazwaz – Lighthouse School (MN)
Respondent: Elena Lee & Sydney Von Arx – Lake Oswego HS (OR)
Match #2:
Petitioners: Rachel Lee & Cammie Liu – Lake Oswego (OR)
Respondents: Will Foster & Declan Davis – Walter Payton College Prep (IL)
Read 7 tweets
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Josh Blackman
@JoshMBlackman
1/ NY asks to hold briefing in abeyance in Rifle & Pistol Assoc Case: the State is seeking comments on a proposed rule that would repeal the challenged regulation.
supremecourt.gov/DocketPDF/18/1… The letter notes that Ps did not seek money damages, only declaratory and injunc relief
2/ Paul Clement, counsel of record for Petitioners, will respond: my guess, something along the lines of capable of repetition, yet evading review.
3/ @ConLawWarrior flagged other cases where the government has sought to moot #SCOTUS appeals to avoid setting an adverse precedent:
Read 5 tweets

Related threads

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Chris Geidner
@chrisgeidner
#SCOTUS orders coming at 9:30a, followed by the possibility of opinions in argued cases at 10a.
BREAKING: #SCOTUS issues a stay of injunctions against Trump's transgender service ban, allowing the Trump administration to begin enforcing its ban while the case proceeds.
Justices Ginsburg, Breyer, Sotomayor, and Kagan all would have denied the stay — meaning this was a 5-4 decision.
Read 13 tweets
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Chris Geidner
@chrisgeidner
BREAKING: #SCOTUS removes the Census citizenship question case — over the evidence allowed in the case — from the argument calendar; the "briefing schedule is suspended pending further order of the Court." It was supposed to be heard on Feb. 19.
Yesterday, the people and groups challenging the inclusion of the question asked #SCOTUS to dismiss the evidence-issue case:
Yesterday, DOJ also announced that it is appealing the district court's ruling.
Read 5 tweets
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Chris Geidner
@chrisgeidner
#SCOTUS, Jan. 15, 2019.
Opinions in one or more argued cases are expected at 10a.
It's a one-box day, meaning one or two opinions from #SCOTUS.
Read 9 tweets
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Chris Geidner
@chrisgeidner
Awaiting #SCOTUS orders. Here were the grants from Friday.
JUST IN: In today's orders, #SCOTUS took no action on DACA, the trans military ban, Title VII LGBT issues, an Indiana abortion clinic case, a Texas gun case, or a 9th Circuit Equal Pay Act decision — meaning all remaining pending before the justices.
Here are the orders: supremecourt.gov/orders/courtor… /
Read 9 tweets
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Chris Geidner
@chrisgeidner
BREAKING: #SCOTUS will not stop the kids' climate change case from going to trial — at least not now.
Here's the full #SCOTUS order, which rejects the government's request to halt the trial because "adequate relief may be available in the United States Court of Appeals for the Ninth Circuit." documentcloud.org/documents/5027…
Thomas and Gorsuch, however, note that they would have granted the stay now.
Read 6 tweets
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Chris Geidner
@chrisgeidner
BREAKING: #SCOTUS Halts Deposition Of Commerce Secretary In Challenge To Census Citizenship Question, Allows Deposition of DOJ Official To Proceed: buzzfeednews.com/article/chrisg…
While #SCOTUS stopped the Ross deposition for now and allowed the deposition of Gore and other discovery to go ahead, Gorsuch, joined by Thomas, would have granted the stay as sought by DOJ — halting both depositions and the extra discovery. buzzfeednews.com/article/chrisg…
The Chief found a way to keep this to only two justices voicing disagreement with the order. That's an impressive compromise — which involved quite a bit of work inside the court, I have to imagine. buzzfeednews.com/article/chrisg…
Read 9 tweets

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