21-159 APOSHIAN v. GARLAND

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  • camo556

    Active Member
    Aug 29, 2021
    2,634
    So this one is a head scratcher for sure.

    I can see rescheduling one until the other is ready. I agree this is a head scratcher now. Unless there is a third case I am not thinking of.
     
    Oct 29, 2021
    740
    Dallas, texas
    I can see rescheduling one until the other is ready. I agree this is a head scratcher now. Unless there is a third case I am not thinking of.
    There are at least 3 and maybe up to 6 more bump stock cases in the lower court levels, district and circuit. If my memory is on target.

    I don’t know how many of them are dealing with Chevron, or if they have gone straight to the 2A for a reason to overturn and enjoin the ATF.

    I don’t see any of those filing for cert with SCOTUS before October of next year. I would not place a bet on that one for sure.

    Then again… a lot has to be said on what happens with Aposhian and the GOA cases.

    We have to also keep in mind, that SCOTUS is picky about the details of a case, and which ones are best for the issue. SCOTUS turned down several Carry Permit cases, but held out for NYSPRA. My personal opinion is that they did that because they kinda of had a vendetta against New York because they Mooted the prior NYSPRA case Against NYC. Mooting the case did NOT make Thomas or Alito very happy to say the least.

    This is still a head scratcher for now. After the West Virginia opinion gets released, as well as NYSPRA, we will know more, and have a better idea what might be going on.

    One other thought too. The carry permit cases against NJ, Maryland, and Mass, we’re all denied and weren’t placed on hold even though the Justices had a fairly good Idea that NYSPRA would be filing a pet for cert. why didn’t they just hold, relist, or reschedule those three cases.
    They didn’t. They could have, but didn’t.

    So what’s up with Aposhian and GOA. I have no clue. Why I said it’s a headscratcher
     

    krucam

    Active Member
    GOA v Garland was also at last week's conference and is still alive. The McCutcheon v US still hasn't been scheduled for conference...there may be some calculus at play here...
    McCutcheon Docket

    GOA Docket is upstream a few posts.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    4,953
    Carroll County!
    GOA was denied as well.
    c245029eae414d6e8a383b20c4765784.jpg



    Sent from an undisclosed location.
     

    Allen65

    Active Member
    MDS Supporter
    Jun 29, 2013
    5,360
    Anne Arundel County
    We kind of know why based on the Guedes v ATF case


    both of these cases (Aposhian and GOA) were interlocutory petitions based on denials of a preliminary injunction rather than final judgment. Additionally other courts are actively considering challenges to the same regulation.
    Yeah it wasn't realistic to expect SCOTUS to grant cert for a PI issue over tangible personal property.
     

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