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The Supreme Court appears to have found a gun regulation it actually likes

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The Supreme Court appears to have found a gun regulation it actually likes

Few things are as chaotic as this Supreme Court’s gun cases.

Just last June, the Court’s Republican majority legalized “bump stocks,” devices that effectively convert ordinary semi-automatic weapons into machine guns. The Court’s landmark Second Amendment decision in New York State Rifle & Pistol Association v. Bruen (2022) requires courts to strike down any gun law that is not “consistent with this Nation’s historical tradition of firearm regulation,” a test so confusing that more than a dozen judges have published judicial opinions begging the justices to explain what, exactly, Bruen means.

Yet, while this Court’s approach to guns is frequently hostile to gun laws, a majority of the justices appeared to meet a gun regulation on Tuesday they are actually willing to uphold.

Tuesday morning’s oral argument in Garland v. VanDerStok involves “ghost guns,” ready-to-assemble kits that can easily be used to build a fully operational firearm. These kits appear to exist to evade two federal laws, one of which requires guns to have serial numbers that can be used to track them if they are used in a crime, and the other which requires gun buyers to receive a background check before they can make that purchase.

Under federal law, the background check and serial number requirements apply to “any weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.” They also apply to “the frame or receiver of any such weapon,” the skeletal part of a gun that houses other components, such as the barrel or firing mechanism.

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Ghost gun kits seek to evade this law by selling a kit with an incomplete frame or receiver, though it is often trivially easy to convert this incomplete part into a fully operational one. Some kits can be turned into a working gun after the buyer drills a single hole in the frame or receiver. Others require the user to sand off a single plastic rail.

The most right-wing appeals court in the federal system, the United States Court of Appeals for the Fifth Circuit, concluded that a single missing hole is enough to exempt a gun from regulation. Frames missing a hole, that court claimed, are “not yet frames or receivers.” The Fifth Circuit also argued that ghost gun kits cannot “readily be converted” into a working gun because this phrase “cannot be read to include any objects that could, if manufacture is completed, become functional at some ill-defined point in the future” — even though some ghost gun kits can be converted into a firearm in a matter of minutes.

In any event, at least five members of the Court — and possibly one or two more — appeared to reject the Fifth Circuit’s reasoning on Tuesday. All three members of the Court’s Democratic minority seemed like clear votes for the government, which is arguing ghost guns need to be subject to the same rules as any other gun, as did Chief Justice John Roberts, who barely spoke during Tuesday’s argument, and who spent the bulk of his question time seeming to mock Peter Patterson, the lawyer for the ghost gun manufacturers.

Meanwhile, Justice Amy Coney Barrett, a Trump appointee, seemed particularly unconvinced by Patterson’s arguments, at one point telling him that a key part of his proposed legal framework “seems a little made up.”

If these five justices hang together against ghost guns, that won’t be a particularly unexpected plot twist. This same case already reached the Court in 2023 on the justices’ “shadow docket,” a mix of emergency motions and other issues that the Court deals with on an expedited basis. The first time VanDerStok reached the Court, it voted 5-4 (with Roberts and Barrett joining the Democrats) to temporarily leave in place a federal rule establishing that ghost guns are regulated like any other firearm.

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Now, the question is whether that temporary decision will be made permanent. After Tuesday, it appears likely that it will.

VanDerStok turns on Barrett’s definition of an “omelet”

Tuesday’s argument started to go off the rails for the ghost gun makers before Patterson even stepped up to the podium.

Early in the argument, while Solicitor General Elizabeth Prelogar was making the government’s case, Justice Samuel Alito asked her a series of hypotheticals about incomplete objects. Is a pen and a blank pad of paper a “grocery list?” Does a bunch of uncooked eggs, ham, and peppers constitute an “omelet?” Alito’s point appeared to be that, just like untouched ingredients don’t constitute an “omelet,” an incomplete firearm is not a gun.

But Barrett seemed unconvinced. Almost immediately after Alito finished grilling Prelogar, Barrett asked about a slightly different hypothetical. What if someone purchased an omelet kit from Hello Fresh, a service that delivers ready-to-cook meal kits to people’s homes. Barrett’s point was pretty clear: While a bunch of uncooked ingredients may not always constitute an “omelet,” the answer is different when someone buys a kit whose sole purpose is to be put together into an omelet.

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The same rule, Barrett suggested, should apply to ghost gun kits.

Roberts, meanwhile, was more direct than Barrett. “What is the purpose of selling a receiver without the holes drilled in it?” the Chief Justice asked Patterson. In response, Patterson claimed, somewhat implausibly, that people may buy a ghost gun kit because they enjoy the experience of building a gun much like some hobbyists enjoy working on their own car.

But Roberts didn’t buy this argument at all. “Drilling a hole or two,” he dryly responded to Patterson, “I would think doesn’t give the same sort of reward that you get from working on your car on the weekend.”

Later in the argument, after Prelogar was back at the podium, she stuck the knife in Patterson’s argument. Federal law, she noted, doesn’t ban ghost gun kits, it merely requires ghost gun sellers to follow the same background check and serial number laws as any other gun seller. So, if there were a market for law-abiding hobbyists who want to drill a couple holes before they fire their gun, those hobbyists could still get a ghost gun if they submitted to a background check.

But what actually happened is, once the government issued a rule stating that ghost guns are subject to the same laws as any other gun, the market for this product dried up. Turns out, hobbyists weren’t interested in buying almost-complete guns with missing holes.

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The biggest wild card in the case is Justice Brett Kavanaugh, who revealed that he voted in favor of ghost guns in 2023 because he was concerned that a gun seller who was ignorant of the law might accidentally sell an unregulated kit without realizing it was illegal to do so and then be charged with a crime.

But, as Prelogar told Kavanaugh, a gun seller can only be charged with a crime if they “willfully” sell a gun without a serial number or if they knowingly sell a gun without a background check. So Kavanaugh’s fears appear unfounded.

Will that be enough to bring Kavanaugh into the government’s camp? Unclear. But, ultimately, Kavanaugh is likely to be the sixth vote against ghost guns if he does flip. After Tuesday, it does seem like there are five solid votes for the proposition that ghost guns are subject to the same laws as any other firearm.

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How Trump’s Proposed Arch Could Complicate D.C.’s Congested Airspace

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How Trump’s Proposed Arch Could Complicate D.C.’s Congested Airspace

The mammoth triumphal arch President Trump wants to build would sit under one of the most complex sections of the national airspace — directly in the paths of flights in and out of Ronald Reagan National Airport and just a few miles from the site of a catastrophic midair collision last year.

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Airplane traffic in April 2026

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Source: ADS-B exchange. Composite satellite image by Google. The New York Times.

The Trump administration said on Thursday that the Federal Aviation Administration had compiled preliminary findings from an initial review of whether the proposed arch presented any risks to Washington’s airspace.

But the extent to which those findings, which have yet to be made public, will influence the administration’s plans to move ahead with construction as planned is uncertain. According to a New York Times analysis, the arch as currently planned would warrant further study under at least one F.A.A. guideline.

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The F.A.A. had been looking into the administration’s plan for about a month to determine whether the proposed 250-foot structure — a height chosen to commemorate 2026 being the 250th year since American independence — would pose any hazard to flights in and out of Reagan National.

But in recent days, the National Park Service, acting on behalf of the Trump administration, appeared to change tack, quietly asking the F.A.A. to conduct a feasibility study — an advisory review that is normally preliminary and that, according to the F.A.A.’s own procedures, is usually given lower priority than official evaluations.

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The reason for the new request, which administration officials defended as routine, was not immediately clear. Though the F.A.A. requires proposed structures over 200 feet to submit to a formal evaluation to determine their impact on local air traffic, feasibility studies are voluntary.

Some aviation experts said the administration’s decision to pursue one at this stage could indicate that possible problems had been identified with the height of the structure, which climbed from 250 feet in the initial filing to 259 feet in the feasibility study request, making the top of the arch sit 288 feet above sea level. In that case, they said, asking for an advisory study could be a strategy to avoid the potential black mark of having Mr. Trump’s pet construction project labeled a risk to flight safety.

It could suggest a project “ran into some issues and is more complicated than they had hoped,” said Michael O’Donnell, an aerospace consultant who previously worked as a senior F.A.A. official focused on air traffic safety.

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The change in approach may reflect the sensitivity with which the federal government has approached potential risks in the airspace surrounding Washington since a midair collision last year that killed 67.

In the wake of that accident, in which an Army helicopter flew into a commercial jet 278 feet up in the air just southeast of Reagan National Airport, the F.A.A. shut down much of the surrounding sky to most helicopter traffic. It also instituted new prohibitions against pilots relying on “see and avoid” methods to avoid hitting planes going in and out of the airport.

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Change in helicopter traffic

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Source: Helicopter paths from ADS-B for January 2025 and April 2026. Note: Data for 2025 is from Jan. 1 to Jan. 28, the day before the crash. The New York Times.

An airspace of unparalleled complexity

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Should the arch proceed as planned, some aviation experts said it could be just the latest complication to befall a section of airspace already considered one of the nation’s most complicated.

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Air traffic within a half-mile radius of the proposed arch location

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Path of airplanes,

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April 2026


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Source: ADS-B exchange. Composite satellite image by Google. The New York Times.

Reagan National poses special challenges to pilots navigating the surrounding airspace. Planes cannot fly below 18,000 feet over the National Mall — a wide swath of Washington sitting just north of the airport — and the Naval Observatory, where the vice president lives, meaning that pilots routinely have to make tight turns when ascending from and descending to the airport to avoid them.

Flight restrictions for special events and security surrounding movements of government officials are frequent. Noise concerns in the surrounding metro areas push planes to tightly follow the Potomac River. And two of the airport’s three runways are short, which reduces the margin of error for flights landing or taking off — and contributes to the congestion of Runway 19, which is the nation’s busiest commercial runway.

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Air traffic in April 2026 for Runway 19

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Source: ADS-B exchange. Composite satellite image by Google. The New York Times.

The Reagan airspace has “just about every congested airspace issue that you can have,” said Dennis Tajer, a 737 pilot who is a spokesman for the American Airlines pilot union. “And we know the tragedy that happened — there’s room for error, but not much.”

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A New York Times analysis of federal regulations, traffic patterns and flight procedures found that if the arch were built at the 250-foot height, it would penetrate what is known as the 40-to-1 obstacle clearance surface, an imaginary slope that begins at the departure end of the runway and represents a baseline standard for evaluating the impact of a nearby structure.

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How the arch would penetrate the 40-to-1 slope

Source: Base imagery by Google. 3-D model of the arch by The New York Times. The New York Times

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A structure that breaks through the surface does not necessarily pose a risk but requires further study to determine whether it can safely be built; whether changes such as reducing its height or adding obstruction lighting may be necessary; or whether the F.A.A. could make reasonable changes to flight operations and procedures to accommodate its construction as proposed.

The top of the arch as planned only slightly pushes through the bottom of the 40-to-1 slope — an altitude that virtually all planes would be well above when passing over the planned structure.

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Still, some experts speculated that throwing an arch of such height and proximity into the mix could still prompt the F.A.A. to change flight procedures in and out of Reagan National in order to minimize risk. Such changes could affect the work of pilots and air traffic controllers, limit the number of planes allowed to take off or land, or change the maximum amount of weight they can carry.

“The accommodation may be just: Change other things that make it work,” said Scott Dunham, a former air safety investigator for the National Transportation Safety Board and former air traffic controller.

Buildings taller than the arch are farther from the airport

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While the height of the planned arch would put it among the tallest structures in the airport’s vicinity, the structure wouldn’t break records. Both the Capitol building and the Washington Monument are taller, but they are both located in a no-fly zone. Memorial Circle, the planned location for the arch, is not.

The arch would also be dwarfed by some structures in Arlington, Va., including a pair of highrise apartments in the Crystal City neighborhood and the towers at Amazon’s new campus in the Pentagon City neighborhood, all less than a mile from the perimeter of Reagan National — and all of which were the subject of heated debate and intense F.A.A. scrutiny. But those structures are not under the main flight path in and out of the airport like the location of the planned arch is.

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The nearest buildings that are over 250 feet and in proximity to the climb and descent paths to the airport are clustered in the Rosslyn neighborhood of Arlington, but those sit nearly a mile farther north than the arch, at a greater distance away from the airport.

Note: A 3-D model of the arch is overlaid onto a Google scene. The New York Times

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Several of the buildings in Rosslyn have red obstruction lights to warn approaching pilots to steer clear, a common way to mitigate concerns about height.

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Doug Mills / The New York Times.

Almost 1,700 public comments about the arch, nearly all in opposition, had flooded into the National Capital Planning Commission ahead of its Thursday meeting. Commenters protested issues ranging from its appearance to its significance to its potential impact on flight patterns.

The Department of the Interior, which oversees the National Park Service, said in a statement that feasibility studies, like the one the administration requested, were “standard practice as part of the compliance process.” It did not respond to questions about what prompted the study at this stage or what may have been communicated by the F.A.A. during the previous evaluation.

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Under federal regulations, the arch must still complete the full evaluation to receive a final determination about whether it poses a hazard. But the F.A.A.’s determinations are not enforceable. A notice of hazard would typically prevent a commercial structure from obtaining insurance, a factor unlikely to prevent the president from proceeding if he so wishes.

Aviation experts and former F.A.A. officials interviewed by The Times said they trusted that any actions ultimately taken by the F.A.A. would not compromise safety standards. Among them was Michael McCormick, a member of the National Academies of Sciences, Engineering and Medicine committee reviewing risks in the Reagan National airspace in light of the 2025 collision.

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But “in my assessment, the airspace and procedures in and out of Washington National are very complex and should not be modified to accommodate a new structure being built,” said Mr. McCormick, who previously led the F.A.A.’s air traffic control operations. “Instead, the structure should be modified to accommodate the procedures in and out of Washington National.”

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Sources

Air traffic data shown in this article is for the entire month of April 2026 and Jan. 1-28, 2025, as provided by ADS-B exchange historical records.

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The obstacle clearance surface shown is based on the Aeronautical Information Manual and is not a complete set of surfaces that the F.A.A. will review.

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Trump, Netanyahu at odds / Elusive Iran deal : Sources & Methods

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Trump, Netanyahu at odds / Elusive Iran deal : Sources & Methods

Israeli Prime Minister Benjamin (left) talks to President Trump during a meeting in the Oval Office of the White House in April 2025.

Kevin Dietsch/Getty Images


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Kevin Dietsch/Getty Images

President Trump and Israeli Prime Minister Benjamin Netanyahu started the war with Iran together, but they have different ideas for how to end it.

Host Scott Detrow steps in for Mary Louise Kelly again this week. He speaks with NPR National Security Correspondent Greg Myre and NPR White House Correspondent Franco Ordoñez about the current friction between the two leaders, and where pain points have come up in the past. Also, where the elusive deal with Iran stands.

Email the show at sourcesandmethods@npr.org

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NPR+ supporters hear every episode without sponsor messages and unlock access to our complete archive. Sign up at plus.npr.org.

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Trump’s name must come off the Kennedy Center by June 12

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Trump’s name must come off the Kennedy Center by June 12

Lawyers for what is currently called the Trump Kennedy Center for the Performing Arts are instructing staff to immediately begin switching the name of the facility back to its original title.

The instructions, laid out in a memo sent Thursday by the center’s general counsel and obtained by CBS News, are the first official signal the national arts hub is complying with a federal court order to drop President Trump’s name and reconsider plans to close for two years of renovations. 

U.S. District Judge Christopher Cooper last week ruled in favor of Democratic Rep. Joyce Beatty of Ohio, a member of the Kennedy Center’s Board of Trustees, who filed a lawsuit challenging the institution’s name change and plans to close for two years for extensive repairs beginning this summer.

Cooper found the board had overstepped its authority and ordered the president’s name to be removed from “the institution’s title, as represented on the façade of the Center, any other physical or digital signage, and official materials.”

The memo to staff Thursday said staff “must immediately change email signatures, letterhead, and other documents to reflect the name as ‘The John F. Kennedy Center for the Performing Arts,’ or ‘Kennedy Center.’”

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Changes to interior and exterior signage and any furniture carrying the current name must be switched back by next Friday, according to the memo.

The Kennedy Center didn’t immediately respond to requests for comment.

The memo also says center officials still are “considering their options and will provide further guidance shortly” on whether the center will remain open after July 5, when extensive renovations costing $257 million are set to begin.

In his order, Cooper agreed renovations to the arts center are “sorely needed,” but he wrote his preliminary injunction does not “categorically” bar the board from closing the Kennedy Center, “should it come to this decision anew after independently balancing its multiple obligations to the Center in a prudent fashion.”

“By way of this opinion, the Court does not purport to dictate how the Center should be run, nor does it prescribe any particular plan for the institution — construction, closure, or otherwise — moving forward,” he wrote. “It simply holds the Kennedy Center Board to certain minimum requirements imposed by law. Beyond that, the Court will let the parties play on.”

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In the early weeks of his second term, Mr. Trump replaced several members of the center’s Board of Trustees with senior members of his administration and close allies, who then elected him as chair.

In December, the Kennedy Center’s board voted to change the performing arts institution’s name to The Donald J. Trump and The John F. Kennedy Memorial Center for the Performing Arts. Within hours, the Kennedy Center’s website was updated to read “The Trump Kennedy Center” and crews went to work adding Mr. Trump’s name to the building’s facade. But lawmakers and legal scholars said such a change required congressional action.

Several artists who were set to perform at the institution canceled performances and the executive director of the National Symphony Orchestra, which performs at the Kennedy Center, left for a new job.

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