Few things are as chaotic as this Supreme Court’s gun cases.
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The Supreme Court appears to have found a gun regulation it actually likes
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.
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.
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.
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.
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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BBC Verify: Satellite image shows tanker seized by US near Venezuela is now off Texas
Trump was listed as a passenger on eight flights on Epstein’s private jet, according to emailpublished at 11:58 GMT
Anthony Reuben
BBC Verify senior journalist
One of the Epstein documents, external is an email saying that “Donald Trump traveled on Epstein’s private jet many more times than previously has been reported (or that we were aware)”.
The email was sent on 7 January 2020 and is part of an email chain which includes the subject heading ‘RE: Epstein flight records’.
The sender and recipient are redacted but at the bottom of the email is a signature for an assistant US attorney in the Southern District of New York – with the name redacted.
The email states: “He is listed as a passenger on at least eight flights between 1993 and 1996, including at least four flights on which Maxwell was also present. He is listed as having traveled with, among others and at various times, Marla Maples, his daughter Tiffany, and his son Eric”.
“On one flight in 1993, he and Epstein are the only two listed passengers; on another, the only three passengers are Epstein, Trump, and then-20-year-old” – with the person’s name redacted.
It goes on: “On two other flights, two of the passengers, respectively, were women who would be possible witnesses in a Maxwell case”.
In 2022, Ghislaine Maxwell was sentenced to 20 years in prison, external for crimes including conspiracy to entice minors to travel to engage in illegal sex acts and sex trafficking of a minor.
Trump was a friend of Epstein’s for years, but the president has said they fell out in about 2004, years before Epstein was first arrested. Trump has consistently denied any wrongdoing in relation to Epstein and his presence on the flights does not indicate wrongdoing.
We have contacted the White House for a response to this particular file.
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‘Music makes everything better’: A Texas doctor spins vinyl to give patients relief
Dr. Tyler Jorgensen sets “A Charlie Brown Christmas” on a record player at Dell Seton Medical Center in Austin Texas. He uses vinyl records as a form of music therapy for palliative care patients.
Lorianne Willett/KUT News
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Lorianne Willett/KUT News
AUSTIN, TEXAS — Lying in her bed at Dell Seton Medical Center at the University of Texas at Austin, 64-year-old Pamela Mansfield sways her feet to the rhythm of George Jones’ “She Thinks I Still Care.” Mansfield is still recovering much of her mobility after a recent neck surgery, but she finds a way to move to the music floating from a record player that was wheeled into her room.
“Seems to be the worst part is the stiffness in my ankles and the no feeling in the hands,” she says. “But music makes everything better.”
The record player is courtesy of the ATX-VINyL program, a project dreamed up by Dr. Tyler Jorgensen to bring music to the bedside of patients dealing with difficult diagnoses and treatments. He collaborates with a team of volunteers who wheel the player on a cart to patients’ rooms, along with a selection of records in their favorite genres.
“I think of this record player as a time machine,” he said. “You know, something starts spinning — an old, familiar song on a record player — and now you’re back at home, you’re out of the hospital, you’re with your family, you’re with your loved ones.”
Daniela Vargas, a volunteer for the ATX-VINyL program, wheels a record player to the hospital room of a palliative care patient in Austin, Texas.
Lorianne Willett/KUT News
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The healing power of Country music… and Thin Lizzy
Mansfield wanted to hear country music: Willie Nelson, Merle Haggard, George Jones. That genre reminds her of listening to records with her parents, who helped form her taste in music. Almost as soon as the first record spins, she starts cracking jokes.
“I have great taste in music. Men, on the other hand … ehhh. I think my picker’s broken,” she says.
Other patients ask for jazz, R&B or holiday records.
The man who gave Jorgensen the idea for ATX-VINyL loved classic rock. That was around three years ago, when Jorgensen, a long-time emergency medicine physician, began a fellowship in palliative care — a specialty aimed at improving quality of life for people with serious conditions, including terminal illnesses.
Shortly after he began the fellowship, he says he struggled to connect with a particular patient.
“I couldn’t draw this man out, and I felt like he was really struggling and suffering,” Jorgensen said.
He had the idea to try playing the patient some music.
He went with “The Boys Are Back in Town,” by the 1970s Irish rock group Thin Lizzy, and saw an immediate change in the patient.
“He was telling me old stories about his life. He was getting more honest and vulnerable about the health challenges he was facing,” Jorgensen said. “And it just struck me that all this time I’ve been practicing medicine, there’s such a powerful tool that is almost universal to the human experience, which is music, and I’ve never tapped into it.”
Dr. Tyler Jorgensen plays vinyl records as a form of music therapy for palliative care patients in Austin, Texas. Willie Nelson’s albums are a perennial hit.
Lorianne Willett/KUT News
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Creating new memories
Jorgensen realized records could lift the spirits of patients dealing with heavy circumstances in hospital spaces that are often aesthetically bare. And he thought vinyl would offer a more personal touch than streaming a digital track through a smartphone or speaker.
“There’s just something inherently warm about the friction of a record — the pops, the scratches,” he said. “It sort of resonates through the wooden record player, and it just feels different.”
Since then, he has built up a collection of 60 records and counting at the hospital. The most-requested album, by a landslide, is Fleetwood Mac’s Rumours from 1977. Willie is also popular, along with Etta James and John Denver. And around the holidays, the Vince Guaraldi Trio’s A Charlie Brown Christmas gets a lot of spins.
These days, it’s often a volunteer who rolls the record player from room to room after consulting nursing staff about patients and family members who are struggling and could use a visit.
Daniela Vargas, the UT Austin pre-med undergraduate who heads up the volunteer cohort, became passionate about music therapy years ago when she and her sister began playing violin for isolated patients during the COVID-19 pandemic. She said she sees similar benefits when she curates a collection of records for a patient today.
“We are usually not in the room for the entire time, so it’s a more intimate experience for the patient or family, but being able to interact with the patient in the beginning and at the end can be really transformative,” Vargas said.
Often, the palliative care patients visited by ATX-VINyL are near the end of life.
Jorgensen feels that the record player provides an interruption of the heaviness those patients and their families are experiencing. Suddenly, it’s possible to create a new, positive shared experience at a profoundly difficult time.
“Now you’re sort of looking at it together and thinking, ‘What are we going to do with this thing? Let’s play something for Mom, let’s play something for Dad.’” he said. “And you are creating a new, positive, shared experience in the setting of something that can otherwise be very sad, very heavy.”
Other patients, like Pamela Mansfield, are working painstakingly toward recovery.
She has had six neck surgeries since April, when she had a serious fall. But on the day she listened to the George Jones album, she had a small victory to celebrate: She stood up for three minutes, a record since her most recent surgery.
With the record spinning, she couldn’t help but think about the victories she’s still pursuing.
“It’s motivating,” she said. “Me and my broom could dance really well to some of this stuff.”
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