GOA v Garland: 6th Circuit bump stock win

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    did the ATF expressly disavow Chevron in this case, as they did in others?

    Disavow is too strong of a word for what the ATF did with respect to Chevron. They certainly did not invoke Chevron, but I don't believe they ever said it should not be used.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    Doesn’t really matter much who wins or looses at these stages for the most point. It all depends on how each level writes their opinions and dissents if any. That’s what matters the most. Although there are exceptions.

    I say this… because both sides will appeal this all the way to SCOTUS. Now sCOTUS could deny cert of course, or they could grant.

    There are times where an En Banc Panel we hope for them to rule in one way or the other. Sometimes even a loss. Why even a loss? Because if we can get enough circuit courts to “SPLIT” with better opinions written in OUR favor, it gives SCOTUS one more reason to grant cert on the case, or one ver similar, or the same.

    I can’t remember if it was this thread or another one, but I did point out that there are currently 6 other “Bump Stock” cases making their way through the court system in at least 5 different district/circuit courts

    Most will make it to SCOTUS, and I could be wrong, but I do believe that SCOTUS will grant cert to at least one of these 7 cases. OR something is written in the NYSPRA opinion that will make most of these cases moot. Possible, but probably only minimally.

    One other positive point for us is this… with the En Banc Panel voting 8-8 it helps make it more ripe for SCOTUS to grant cert on either this case or at least another bump stock case.

    However, I want to point out one other fact people are forgetting when it comes to the Chevron Defference question of this case.

    A case was just heard last week, a Medicare/medicade case that involved possible Chevron Defference. The justices asked both sides about the use it or not using Chevron Defference. So it IS highly likely that when they issue an opinion on THAT case, that they will write something about Chevron Deference and it’s use in that Opinion.

    When they do, whatever they write about Chevron Defference and it’s use, WILL have some impact on ALL the bump stock cases that are using Chevron Defference as a reason to enjoin the bump stock ban.

    We need to keep a close eye on THAT case.

    https://www.scotusblog.com/2021/11/...ism-of-medicares-rate-cut-for-hospital-drugs/

    https://www.scotusblog.com/case-files/cases/american-hospital-association-v-becerra-2/
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas

    Yep…. It was published on the 25th.

    I wrote the author of that article an email. He made three. errors.

    1. The case he was referring to, was rescheduled on March 22nd. 3 days before it’s original scheduled conference. He didn’t catch that before the article was written.

    2. The case he was discussing though too was out of the 10th circuit, not 6th.

    3. The case he was discussing as well is called Aposhian v Garland.


    Now GOA is part of that case, but they are not the Lead.

    The case known as GOA v Garland is out of the 6th circuit, and is waiting a reply brief from Garland by April 7th, and has yet to even be scheduled for the first time to a conference.

    The gentleman who wrote the article is getting the two cases confused with each other.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    Summary of argument:

    Even though we've changed our minds about it three or four times, our current explanation is the most natural one.
     

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