Gun Owners of Am., Inc. v. Garland
| Decision Date | 25 June 2021 |
| Docket Number | No. 19-1298,19-1298 |
| Citation | 2 F.4th 576 (Mem) |
| Parties | GUN OWNERS OF AMERICA, INC.; Gun Owners Foundation ; Virginia Citizens Defense League; Matt Watkins; Tim Harmsen; Rachel Malone, Plaintiffs-Appellants, Gun Owners of California, Inc., Movant, v. Merrick B. GARLAND, in his official capacity as Attorney General of the United States; United States Department of Justice; Bureau of Alcohol, Tobacco, Firearms and Explosives; Marvin G. Richardson, in his official capacity as Acting Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ORDER
A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Sixth Circuit Rule 35(b) provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.
Accordingly, it is ORDERED, that the previous decision and judgment of this court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.
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7 cases
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Cargill v. Garland
...(arguing that Chevron applies and that the Government's interpretation is reasonable). The court granted rehearing en banc , 2 F.4th 576 (6th Cir. 2021) (en banc), and an evenly-divided court affirmed the district court's denial of the preliminary injunction. 19 F.4th 890 (6th Cir. 2021), c......
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Gun Owners of Am., Inc. v. Garland
...and remanded sub nom. Gun Owners of Am., Inc. v. Garland , 992 F.3d 446 (6th Cir. 2021), reh'g en banc granted, opinion vacated , 2 F.4th 576 (6th Cir. 2021). The district court concluded that Chevron 's two-step test provides the appropriate standard of review to determine whether injuncti......
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Gun Owners of Am., Inc. v. Garland
...rev'd and remanded sub nom. Gun Owners of Am., Inc. v. Garland, 992 F.3d 446 (6th Cir. 2021), reh'g en banc granted, opinion vacated, 2 F.4th 576 (6th Cir. 2021). The district court concluded that Chevron's two-step test provides the appropriate standard of review to determine whether injun......
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Cargill v. Garland
...(arguing that Chevron applies and that the Government's interpretation is reasonable). The court granted rehearing en banc, 2 F.4th 576 (6th Cir. 2021) (en banc), and an court affirmed the district court's denial of the preliminary injunction. 19 F.4th 890 (6th Cir. 2020), cert denied, 143 ......
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1 books & journal articles
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THE FUTURE OF JUDICIAL DEFERENCE TO THE COMMENTARY OF THE UNITED STATES SENTENCING GUIDELINES.
...of America, Inc. v. Garland, 992 F.3d 446, 45468 (6th Cir. 2021) (holding that the rule of lenity trumps Chevron deference), vacated by 2 F.4th 576 (6th Cir. 2021) (granting rehearing en banc). It is perhaps notable that the two circuits where lenity-based skepticism of deference doctrines ......