wojownik
Member
- Joined
- May 15, 2009
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- 2,086
At least thee of the pending challenges have requested injunctive relief: The Gun Owners of America challenge is one, Codrea, et. al. v BATFE is another. The thid is Guedes, et al. v. BATFE.
The GOA challenge was filed in the Western District of Michigan, but both the Codrea and Guedes challenges were filed in DC (which is a much more useful venue for a challenge based on the Administrative Procedures Act, which both are attempting). The GOA challenge is in the more pro-2A Sixth District, but the GOA challenge meanders and pontificates a bit,
The Codrea challenge is much more focused, and I'll be watching this one with interest. But as of a few weeks ago, Judge Dabney Friedrich will be hearing both the Codrea and the Guedes challenges - which is a bit of a mixed bag. She's a Republican (served as associate WH counsel under the Bush admin), but is not known to have particularly strong pro-2A views - nor is her background on the APA that extensive.
If you'd been following the Mueller investigations, she gave a Russian group a spanking when they tried to challenge Mueller during U.S. v Concord Management (the defendant being a Russian company).
The GOA challenge was filed in the Western District of Michigan, but both the Codrea and Guedes challenges were filed in DC (which is a much more useful venue for a challenge based on the Administrative Procedures Act, which both are attempting). The GOA challenge is in the more pro-2A Sixth District, but the GOA challenge meanders and pontificates a bit,
The Codrea challenge is much more focused, and I'll be watching this one with interest. But as of a few weeks ago, Judge Dabney Friedrich will be hearing both the Codrea and the Guedes challenges - which is a bit of a mixed bag. She's a Republican (served as associate WH counsel under the Bush admin), but is not known to have particularly strong pro-2A views - nor is her background on the APA that extensive.
If you'd been following the Mueller investigations, she gave a Russian group a spanking when they tried to challenge Mueller during U.S. v Concord Management (the defendant being a Russian company).
Let me start by saying that I haven't read any of the pending challenges, or even followed them. With that said, courts typically put everything on hold while a challenge is pending by issuing injunctions. Unless the gov't is somehow harmed by the injunction, I would expect one to issue, as the challengers have to have alleged harm by enforcement of the law. If the challengers didn't request injunctive and declaratory relief, in addition to $$$ damages, they messed up on Step #1, IMNSHO.