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Garland v. Cargill

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Docket No. Op. Below Argument Opinion Vote Author Term
22-976 5th Cir. Feb 28, 2024
 Jun 14, 2024 6-3 Thomas OT 2023

Holding: The Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing a rule that classifies a bump stock as a “machinegun” under 26 U.S.C. § 5845(b).

Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on June 14, 2024. Justice Alito filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 06 2023Petition for a writ of certiorari filed. (Response due May 8, 2023)
Apr 24 2023Motion to extend the time to file a response from May 8, 2023 to June 7, 2023, submitted to The Clerk.
Apr 25 2023Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2023.
May 08 2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
Jun 07 2023Brief of respondent Michael Cargill in support filed.
Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
Jun 21 2023Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
Aug 02 2023Rescheduled.
Sep 20 2023DISTRIBUTED for Conference of 10/6/2023.
Sep 28 2023Rescheduled.
Oct 04 2023DISTRIBUTED for Conference of 10/27/2023.
Oct 30 2023DISTRIBUTED for Conference of 11/3/2023.
Nov 03 2023Petition GRANTED.
Dec 18 2023Brief of petitioners Merrick B. Garland, et al. filed.
Dec 18 2023Joint appendix filed. (Statement of cost filed.)
Dec 21 2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. filed.
Dec 22 2023Brief amicus curiae of Constitutional Accountability Center filed.
Dec 22 2023Brief amicus curiae of Patrick J. Charles filed.
Dec 22 2023Brief amici curiae of Chicago, et al. filed.
Dec 26 2023Brief amici curiae of American Medical Association, et al. filed.
Dec 26 2023Brief amicus curiae of FAMM in support of neither party filed.
Dec 26 2023Brief amici curiae of The District of Columbia, et al. filed.
Jan 05 2024SET FOR ARGUMENT on Wednesday, February 28, 2024.
Jan 10 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Jan 10 2024Motion for an extension of time to file respondent's brief on the merits filed.
Jan 11 2024CIRCULATED.
Jan 12 2024Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 22, 2024.
Jan 18 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Jan 18 2024Record requested from the United States District Court for the Western District of Texas.
Jan 22 2024Brief of respondent Michael Cargill filed. (Distributed)
Jan 23 2024Brief amicus curiae of The Buckeye Institute filed. (Distributed)
Jan 26 2024Brief amici curiae of Second Amendment Law Center, Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, California Rifle & Pistol Association, Inc., and Guns Save Life filed. (Distributed)
Jan 26 2024Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
Jan 26 2024Brief amici curiae of Senator Cynthia Lummis, et al. filed. (Distributed)
Jan 29 2024Brief amicus curiae of FPC Action Foundation filed. (Distributed)
Jan 29 2024Brief amicus curiae of Firearms Policy Coalition, Inc. filed. (Distributed)
Jan 29 2024Brief amicus curiae of Manhattan Institute filed. (Distributed)
Jan 29 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Jan 29 2024Brief amici curiae of National Association for Gun Rights, Inc., et al. filed. (Distributed)
Jan 29 2024Brief amici curiae of The Firearms Regulatory Accountability Coalition, et al. filed. (Distributed)
Jan 29 2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
Jan 29 2024Brief amicus curiae of National Rifle Association of America, Inc. filed. (Distributed)
Jan 29 2024Brief amici curiae of Gun Owners of America, et al. filed. (Distributed)
Jan 30 2024Record received from the United States District Court for the Western District of Texas. The record is electronic and is available with the Clerk.
Feb 16 2024Reply of petitioners Merrick B. Garland, et al. filed. (Distributed)
Feb 28 2024Argued. For petitioners: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan F. Mitchell, Austin, Tex.
Jun 14 2024Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed a concurring opinion. Sotomayor, J., filed a dissenting opinion, in which Kagan and Jackson, JJ., joined.
Jul 16 2024Judgment Issued.