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The CTA Rollercoaster keeps going...the Injunction Stay is vacated! (But the Supreme Court may weigh in next)

Posted: December 27, 2024

On December 26, 2024 the Fifth Circuit Court of Appeals vacated the stay it issued days earlier on the district court's preliminary injunction and the CTA is once again not enforceable for the time being.

In the newest order, the appeals court stated:

The Government appealed, and on December 23, 2024, a motions
panel of this court granted the government’s emergency motion for a stay
pending appeal.
Texas Top Cop Shop, Inc. v. Garland, No. 24-40792, 2024 WL
5203138 (5th Cir. Dec. 23, 2024) The order also expedited the appeal to the
next available oral argument panel.

The merits panel now has the appeal, which remains expedited, and a
briefing schedule will issue forthwith. However, in order to preserve the
constitutional status quo while the merits panel considers the parties’
weighty substantive arguments, that part of the motions-panel order granting
the Government’s motion to stay the district court’s preliminary injunction
enjoining enforcement of the
CTA and the Reporting Rule is VACATED.

The court later entered a scheduling order stating briefs in support of the parties' positions were due in February and oral argument would be heard March 25.

January 1, 2025-UPDATE

At the close of 2024, the US Attorney General, the Treasury Department, and FinCEN applied to have the US Supreme Court weigh in on the injunction issued by the 5th Circuit.

Further commentary can be found here.
The application with the Supreme Court to stay the injunction can be found here

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