Defense Distributed v Davenport - NJ ban on 3D printer files

[Euler]

Previously, the 5th Circuit Court of Appeals enjoined NJ's 3D file ban from enforcement on Defense Distributed, which is a TX corporation within the 5th Circuit's jurisdiction. However, the courts within the jurisdiction of the 3rd Circuit Court of Appeals (where NJ is) have ignored the 5th Circuit's injunction.

On June 26, plaintiffs asked Justice Alito to extend the deadline to petition the US Supreme Court for certiorari from the 3rd Circuit Court of Appeals. (shadow docket)

Application said:

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This case presents recurring questions about whether a federal transferee court may disregard a sister circuit's mandamus decision vacating an intercircuit transfer; whether plaintiffs facing credible enforcement threats may bring pre-enforcement First and Second Amendment challenges to a criminal ban on distributing and receiving digital firearm files; and whether computer code and related digital files receive First Amendment protection without a file-by-file pleading of "expressiveness." Those questions arise from New Jersey's effort to suppress publication of Defense Distributed's firearm-related digital files, despite prior Fifth Circuit rulings directing that this dispute proceed in Texas. The decision below entrenches a no-forum problem for upstream speech and Second Amendment claims, conflicts with other circuits on First Amendment protection for code, and threatens orderly administration of intercircuit transfer orders.
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