A fight over the proper jurisdiction for a politically charged case involving a “personal gunsmithing” advocacy group’s right to publish instructions for making so-called ghost guns left the 5th U.S. Circuit Court of Appeals sputtering on Thursday.
a “breakdown in comity” from the refusal of a New Jersey trial judge to transfer Defense Distributed’s First Amendment claims against New Jersey Attorney General Matt Platkin back to Austin, Texas, despite a specific request from the 5th Circuit that she do so.
Thursday’s opinion did include a veiled call for the 3rd Circuit to reverse what the 5th Circuit described as an unprecedented refusal by the New Jersey trial court to honor a transfer request by a sister circuit. By retaining jurisdiction, the 5th Circuit said, Wolfson had essentially nullified a 5th Circuit decision.
U.S. District Judge Robert Pitman of Austin dismissed claims against the New Jersey AG in 2019, ruling that he did not have jurisdiction. The 5th Circuit reversed that ruling in 2020, as I reported at the time, and remanded the case to Pitman. But because the transfer had been completed, the 5th Circuit majority said, it no longer had the authority to order the claims to be returned to Texas. So the appeals court once again sent the case back to Pitman, directing the Austin trial judge to vacate his transfer order and request that his counterpart in New Jersey send the case back.in July.
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