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Aposhian v. Garland

Petition for certiorari denied on October 3, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-159 10th Cir. N/A N/A N/A N/A OT 2022

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/02/2021Petition for a writ of certiorari filed. (Response due September 3, 2021)
08/16/2021Motion to extend the time to file a response from September 3, 2021 to October 4, 2021, submitted to The Clerk.
08/17/2021Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
08/19/2021Blanket Consent filed by Petitioner, W. Clark Aposhian
08/31/2021Brief amici curiae of David Codrea, et al. filed.
09/01/2021Brief amicus curiae of Due Process Institute filed.
09/03/2021Brief amicus curiae of American Cornerstone Institute filed.
09/03/2021Brief amici curiae of Damien Guedes, et al. filed.
09/03/2021Brief amici curiae of West Virginia, et al. filed.
09/03/2021Brief amici curiae of Gun Owners of America, et al. filed.
09/03/2021Brief amicus curiae of National Rifle Association of America, Inc. filed.
09/30/2021Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
10/01/2021Motion to extend the time to file a response is granted and the time is further extended to and including November 3, 2021.
11/03/2021Brief of respondents Merrick B. Garland, Attorney General, et al. in opposition filed.
11/22/2021Reply of petitioner W. Clark Aposhian filed. (Distributed)
11/23/2021DISTRIBUTED for Conference of 12/10/2021.
12/06/2021Rescheduled.
12/08/2021Supplemental brief of petitioner W. Clark Aposhian filed.
01/03/2022DISTRIBUTED for Conference of 1/7/2022.
01/04/2022Letter from amici Damien Guedes, et al. regarding legal name change of Firearms Policy Foundation to FPC Action Foundation received.
01/05/2022Rescheduled.
01/10/2022DISTRIBUTED for Conference of 1/14/2022.
01/14/2022Rescheduled.
01/18/2022DISTRIBUTED for Conference of 1/21/2022.
01/20/2022Rescheduled.
02/11/2022DISTRIBUTED for Conference of 2/18/2022.
02/11/2022Rescheduled.
02/22/2022DISTRIBUTED for Conference of 2/25/2022.
02/23/2022Rescheduled.
02/28/2022DISTRIBUTED for Conference of 3/4/2022.
03/01/2022Rescheduled.
03/14/2022DISTRIBUTED for Conference of 3/18/2022.
03/14/2022Rescheduled.
03/21/2022DISTRIBUTED for Conference of 3/25/2022.
03/22/2022Rescheduled.
03/28/2022DISTRIBUTED for Conference of 4/1/2022.
03/30/2022Rescheduled.
04/11/2022DISTRIBUTED for Conference of 4/14/2022.
04/12/2022Rescheduled.
04/18/2022DISTRIBUTED for Conference of 4/22/2022.
04/20/2022Rescheduled.
04/25/2022DISTRIBUTED for Conference of 4/29/2022.
04/26/2022Rescheduled.
05/09/2022DISTRIBUTED for Conference of 5/12/2022.
05/11/2022Rescheduled.
05/16/2022DISTRIBUTED for Conference of 5/19/2022.
05/17/2022Rescheduled.
05/23/2022DISTRIBUTED for Conference of 5/26/2022.
05/24/2022Rescheduled.
05/31/2022DISTRIBUTED for Conference of 6/2/2022.
05/31/2022Rescheduled.
06/06/2022DISTRIBUTED for Conference of 6/9/2022.
06/07/2022Rescheduled.
06/13/2022DISTRIBUTED for Conference of 6/16/2022.
06/16/2022Rescheduled.
06/21/2022DISTRIBUTED for Conference of 6/23/2022.
06/21/2022Rescheduled.
09/12/2022DISTRIBUTED for Conference of 9/28/2022.
10/03/2022Petition DENIED.