The application for stay presented to JUSTICE KAVANAUGH and by him referred to the Court is denied. JUSTICE THOMAS would grant the application for stay.

Statement of JUSTICE GORSUCH, with whom JUSTICE ALITO joins, respecting the denial of the application for stay. With the understanding that the district court “prohibited” only "implementation and enforcement” of H. B. 85 by the State of “Missouri and its officers, agents, and employees” and “any others in active concert with such individuals,” App. to Emergency Application 29a, I agree with the denial of the application for a stay under the present circumstances. An injunction purporting to bind private parties not before the district court or the “challenged” provisions “themselves,” however, would be inconsistent with the “equitable powers of federal courts.” Whole Woman’s Health v. Jackson, 595 U. S. 30, 44 (2021).

Second, Missouri contends that the Act is constitutional because the State may
constitutionally withdraw the authority of state officers to enforce federal law. The
State argues that the reason why it withdrew its authority—i.e., because the State
declared federal law invalid—is immaterial.

That Missouri may lawfully withhold its assistance from federal law
enforcement, however, does not mean that the State may do so by purporting to
invalidate federal law. In this context, as in others, the Constitution “is concerned
with means as well as ends.” Horne v. Dep’t of Agric., 576 U.S. 350, 362 (2015).
Missouri has the power to withhold state assistance, “but the means it uses to achieve
its ends must be ‘consist[ent] with the letter and spirit of the constitution.’” Id.
(quoting McCulloch, 7 U.S. (4 Wheat.) at 421) (alteration in original). Missouri’s
assertion that federal laws regulating firearms are “invalid to this State” is
inconsistent with both. If the State prefers as a matter of policy to discontinue
assistance with the enforcement of valid federal firearms laws, then it may do so by
other means that are lawful, and assume political accountability for that decision.

The judgment of the district court is affirmed.