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Aposhian v. Garland

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-159 10th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether courts should defer under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. to an agency interpretation of federal law when the federal government affirmatively disavows Chevron deference; (2) whether the Chevron framework applies to statutes with criminal-law applications; and (3)whether, if a court determines that a statute with criminal-law applications is ambiguous, the rule of lenity requires the court to construe the statute in favor of the criminal defendant, notwithstanding a contrary federal agency construction.

DateProceedings and Orders (key to color coding)
Aug 02 2021Petition for a writ of certiorari filed. (Response due September 3, 2021)
Aug 16 2021Motion to extend the time to file a response from September 3, 2021 to October 4, 2021, submitted to The Clerk.
Aug 17 2021Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
Aug 19 2021Blanket Consent filed by Petitioner, W. Clark Aposhian
Aug 31 2021Brief amici curiae of David Codrea, et al. filed.
Sep 01 2021Brief amicus curiae of Due Process Institute filed.
Sep 03 2021Brief amicus curiae of American Cornerstone Institute filed.
Sep 03 2021Brief amici curiae of Damien Guedes, et al. filed.
Sep 03 2021Brief amici curiae of West Virginia, et al. filed.
Sep 03 2021Brief amici curiae of Gun Owners of America, et al. filed.
Sep 03 2021Brief amicus curiae of National Rifle Association of America, Inc. filed.
Sep 30 2021Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
Oct 01 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 3, 2021.
Nov 03 2021Brief of respondents Merrick B. Garland, Attorney General, et al. in opposition filed.
Nov 22 2021Reply of petitioner W. Clark Aposhian filed. (Distributed)
Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 06 2021Rescheduled.
Dec 08 2021Supplemental brief of petitioner W. Clark Aposhian filed.
Jan 03 2022DISTRIBUTED for Conference of 1/7/2022.
Jan 04 2022Notice of Name Change of Damien Guedes, Shane Roden, Firearms Policy Foundation, Madison Society Foundation, Inc., Florida Carry, Inc. submitted.
Jan 05 2022Rescheduled.
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.