No. 19-296
Damien Guedes, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.
Tags: administrative-law chevron-deference criminal-law deference due-process judicial-review overrule rule-of-lenity statutory-interpretation waiver
Key Terms:
AdministrativeLaw JusticiabilityDoctri
AdministrativeLaw JusticiabilityDoctri
Latest Conference:
2020-02-28
(distributed 5 times)
Question Presented (AI Summary)
Whether Chevron deference takes precedence over the rule of lenity
Question Presented (from Petition)
QUESTIONS PRESENTED 1. Whether Chevron deference, rather than the rule of lenity, takes precedence in the interpretation of statutory language defining an element of various crimes where 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? 3. Whether, if Chevron deference applies and cannot be waived, Chevron should be overruled?
Docket Entries
2020-03-02
Petition DENIED. Statement of Justice Gorsuch. (Detached <a href = 'https://www.supremecourt.gov/opinions/19pdf/19-296_8n59.pdf'>Opinion</a>)
2020-02-24
DISTRIBUTED for Conference of 2/28/2020.
2020-02-14
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
DISTRIBUTED for Conference of 1/24/2020.
2020-01-13
DISTRIBUTED for Conference of 1/17/2020.
2019-12-19
Reply of petitioners Damien Guedes, et al. filed.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-04
Brief of respondents Bureau of Alcohol, Tobacco, Firearms and Explosives, et al. in opposition filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2019.
2019-10-31
Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
2019-10-04
Brief amicus curiae of New Civil Liberties Alliance filed.
2019-10-03
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2019-10-03
Brief amici curiae of Due Process Institute filed.
2019-10-03
Brief amicus curiae of The Cato Institute filed.
2019-10-03
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2019-10-02
Brief amici curiae of NFA Freedom Alliance, Inc., California Gun Rights Foundation, and Arizona Citizens Defense League filed.
2019-10-02
Brief amicus curiae of Firearms Policy Coalition filed.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
2019-09-24
Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
2019-09-13
Blanket Consent filed by Petitioner, Damien Guedes, et al.
2019-08-29
Petition for a writ of certiorari filed. (Response due October 4, 2019)
2019-06-24
Application (18A1352) granted by The Chief Justice extending the time to file until August 29, 2019.
2019-06-18
Application (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.
Attorneys
Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.
Noel John Francisco — Jones Day, Respondent
Noel John Francisco — Jones Day, Respondent
Center for Constitutional Jurisprudence
Damien Guedes, et al.
Erik S. Jaffe — Schaerr | Jaffe LLP, Petitioner
Erik S. Jaffe — Schaerr | Jaffe LLP, Petitioner
Due Process Institute
John D. Cline — Law Office of John D. Cline, Amicus
John D. Cline — Law Office of John D. Cline, Amicus
Firearms Policy Coalition
National Right to Work Legal Defense Foundation, Inc.
New Civil Liberties Alliance
Aditya Dynar — New Civil Liberties Alliance, Amicus
Aditya Dynar — New Civil Liberties Alliance, Amicus
NFA Freedom Alliance, Inc., California Gun Rights Foundation, and Arizona Citizens Defense League
Daniel L. Schmutter — Hartman & Winnicki, P.C., Amicus
Daniel L. Schmutter — Hartman & Winnicki, P.C., Amicus