This morning the Federal Circuit released a nonprecedential opinion in a takings case appealed from the Southern District of Illinois. The Federal Circuit also released a nonprecedential order granting an unopposed motion to voluntarily dismiss appeals. Here is the introduction to the opinion and a link to the dismissal.
Doe v. Biden (Nonprecedential)
In 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a rule classifying bump-stock-type devices as “machineguns” under the National Firearms Act of 1934. Bump-Stock-Type Devices, 83 Fed. Reg. 66,514 (Dec. 26, 2018) (“Final Rule”). John Doe filed suit, alleging that the rule is contrary to law or, in the alternative, constitutes a taking without just compensation. Mr. Doe now appeals from the Southern District of Illinois’s grant of summary judgment on all counts for the Government. See Doe v. Trump, Case No. 3:19-cv-6-SMY, 2021 WL 4441462 (S.D. Ill. Sept. 28, 2021). We affirm.