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SCOTUS Denies Review To NJ AG In SAF-Defense Distributed Case

Molly B.

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The U.S. Supreme Court has denied a petition for certiorari from New Jersey Attorney General Gurbir Grewal in his effort to escape the jurisdiction of the Fifth U.S. Circuit Court of Appeals in the ongoing First Amendment case brought by Defense Distributed and the Second Amendment Foundation.


“It’s not every day you beat a state attorney general at the Supreme Court,” observed SAF founder and Executive Vice President Alan M. Gottlieb, “especially when he had been supported by other anti-gun state attorneys general from New York, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, and the District of Columbia. This is a huge victory.”


“Anti-gun attorneys general need to be held accountable for threatening gun owners and the firearms industry,” Gottlieb stated, “and that includes efforts to prevent distribution of information relating to 3D printing. Grewal tried to enjoin national distribution of Defense Distributed’s files on the Internet.


The next move in the SAF-Defense Distributed case is their injunction request at the Federal District court, where plaintiffs will pursue their injunction request.

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This petition, which the Supreme Court denied cert, is just NJ trying to move Defense Distributed's suit from TX to NJ. NJ is still (probably) going to continue the cease-and-desist to shut down Defense Distributed. It just has to do it in a TX court.


Generally when a plaintiff files a civil suit, the plaintiff has a choice to file it in the jurisdiction where the defendant exists or where the loss occurred.


NJ is attempting to impact (cease-and-desist) Defense Distributed, which is in TX. Defense Distributed filed action in TX, where it would suffer loss, to block the cease-and-desist. NJ petitioned the US Supreme Court to move the case (and bring any additional actions) to NJ courts.


NJ never had a chance. This petition would have been a waste of the Supreme Court's time. Every AG that filed an amicus brief in favor of NJ should have known that.

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