Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives

Petition for certiorari denied on March 2, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-296 D.C. Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether deference under Chevron U.S.A. v. Natural Resources Defense Council, rather than the rule of lenity, takes precedence in the interpretation of statutory language defining an element of various crimes when such language also has administrative applications; (2) whether, if Chevron deference applies and takes priority over the rule of lenity, such deference can be waived in the course of litigation and on appeal; and (3) whether, if Chevron deference applies and cannot be waived, Chevron should be overruled.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 18 2019Application (18A1352) to extend the time to file a petition for a writ of certiorari from June 30, 2019 to August 29, 2019, submitted to The Chief Justice.
Jun 24 2019Application (18A1352) granted by The Chief Justice extending the time to file until August 29, 2019.
Aug 29 2019Petition for a writ of certiorari filed. (Response due October 4, 2019)
Sep 13 2019Blanket Consent filed by Petitioner, Damien Guedes, et al.
Sep 24 2019Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
Sep 25 2019Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
Oct 02 2019Brief amicus curiae of Firearms Policy Coalition filed.
Oct 02 2019Brief amici curiae of NFA Freedom Alliance, Inc., California Gun Rights Foundation, and Arizona Citizens Defense League filed.
Oct 03 2019Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Oct 03 2019Brief amicus curiae of The Cato Institute filed.
Oct 03 2019Brief amici curiae of Due Process Institute filed.
Oct 03 2019Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Oct 04 2019Brief amicus curiae of New Civil Liberties Alliance filed.
Oct 31 2019Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
Nov 04 2019Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2019.
Dec 04 2019Brief of respondents Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. in opposition filed.
Dec 18 2019DISTRIBUTED for Conference of 1/10/2020.
Dec 19 2019Reply of petitioners Damien Guedes, et al. filed.
Jan 13 2020DISTRIBUTED for Conference of 1/17/2020.
Jan 21 2020DISTRIBUTED for Conference of 1/24/2020.
Feb 14 2020DISTRIBUTED for Conference of 2/21/2020.
Feb 24 2020DISTRIBUTED for Conference of 2/28/2020.
Mar 02 2020Petition DENIED. Statement of Justice Gorsuch. (Detached Opinion)
 
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