IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

BLAKE J. WATTERSON;

Plaintiff,

v.

BUREAU OF ALCOHOL, TOBACCO, 

FIREARMS AND EXPLOSIVES; 

STEVEN DETTELBACH, in his 

official capacity as Director of the 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives; 

UNITED STATES DEPARTMENT 

OF JUSTICE; 

MERRICK GARLAND, in his official 

capacity as Attorney General of the 

United States; and

UNITED STATES OF AMERICA, 

Defendants.

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Civil Action No. 4:23-cv-00080

PLAINTIFF’S NOTICE OF SUPPLEMENTAL AUTHORITY

Plaintiff Watterson files this Notice of Supplemental Authority to inform this 

Court that the United States Court of Appeals for the Fifth Circuit granted 

Appellants’ Opposed Motion For a Preliminary Injunction Pending Appeal today in 

Mock v. Garland, No. 23-10319. See Ex. 1: Unpublished Order. 

The Mock plaintiffs challenged the final rule, ATF, Factoring Criteria for

Firearms with Attached “Stabilizing Braces,” 88 Fed. Reg. 6,478 (Jan. 31, 2023) (the

“Rule”), that Watterson challenges in this case. Along with other arguments, the 

Case 4:23-cv-00080-ALM Document 33 Filed 05/23/23 Page 1 of 4 PageID #: 655
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Mock plaintiffs argued that the Rule violates the Second Amendment and separationof-powers provisions and exceeds the Department’s statutory authority. Pls.’ Mot. for 

Prelim. Inj., at 11-15, 22-29, Mock v. Garland, No. 4:23-cv-00095-O, ECF No. 36 (N.D. 

Tex. Feb. 21, 2023). The Mock plaintiffs also moved for a preliminary injunction, or 

alternatively relief under 5 U.S.C. § 705, id. at 41-45, which the district court denied, 

Op. & Order on Pls.’ Mot. for Prelim. Inj., Mock, No. 4:23-cv-00095-O, ECF No. 40 

(N.D. Tex. Mar. 30, 2023). The Mock plaintiffs then moved for a preliminary 

injunction pending appeal from the Fifth Circuit, which was granted today. See Ex. 

1. 

Today’s order further demonstrates that Watterson’s claims are likely to 

succeed and that he is entitled to preliminary relief (and summary judgment) as 

previously explained. See § 705 Mot., ECF No. 7; § 705 Mot. Reply, ECF No. 25, see 

also Summ. J. Mot., ECF No. 6. The order, however, is limited to the Mock plaintiffs

and does not provide any relief to Watterson. Accordingly, Watterson daily suffers

the irreparable harm of being deprived of his constitutional rights while he waits for 

this Court to rule on his § 705 motion. See Order, ECF No. 18 at 1-2 (stating that the

Department could enforce the Rule after April 1, 2023, and that the “compliance date” 

for the Rule is May 31, 2023). Watterson therefore respectfully requests that this 

Court rule on his Motion for Relief Under 5 U.S.C. § 705 or, Alternatively, for a 

Preliminary Injunction as soon as possible.

Case 4:23-cv-00080-ALM Document 33 Filed 05/23/23 Page 2 of 4 PageID #: 656
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Date: May 23, 2023 Respectfully submitted, 

/s/Autumn Hamit Patterson 

ROBERT HENNEKE

Texas Bar No. 24046058

rhenneke@texaspolicy.com 

CHANCE WELDON

Texas Bar No. 24076767

cweldon@texaspolicy.com 

AUTUMN HAMIT PATTERSON

Texas Bar No. 24092947

apatterson@texaspolicy.com 

CLAYTON WAY CALVIN

Texas Bar No. 24132780

ccalvin@texaspolicy.com

TEXAS PUBLIC POLICY FOUNDATION

901 Congress Avenue

Austin, Texas 78701

Telephone: (512) 472-2700

Facsimile: (512) 472-2728

Counsel for Plaintiff

Case 4:23-cv-00080-ALM Document 33 Filed 05/23/23 Page 3 of 4 PageID #: 657
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CERTIFICATE OF SERVICE

I certify that on May 23, 2023, I electronically filed the foregoing document 

with the Clerk of the Court using this Court’s CM/EMF system, which will notify all 

counsel of record of such filing.

 /s/Autumn Hamit Patterson 

AUTUMN HAMIT PATTERSON

Case 4:23-cv-00080-ALM Document 33 Filed 05/23/23 Page 4 of 4 PageID #: 658