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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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ICE should do traffic stops despite recent shootings, Trump says, seeming to oppose new suspension

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ICE should do traffic stops despite recent shootings, Trump says, seeming to oppose new suspension

WASHINGTON (AP) — The Immigration and Customs Enforcement agency should continue vehicle stops after recent fatal shootings, President Donald Trump said on Wednesday, seeming to oppose a new suspension of the practice used as part of his immigration crackdown.

ICE is “doing a GREAT job, one that has to be done,” Trump wrote on his social media site.

The Republican president said that to remove criminals he claims were let into the country under the previous Democratic administration “we must be strong, tough, and smart, and we CANNOT give up one of ICE’s most important and effective Crime Fighting tools, THE TRAFFIC STOP!” Trump said, “Once we do, we are playing right into the criminal’s hands.”

Trump administration officials have told Immigration and Customs Enforcement officers to suspend most vehicle stops after two deadly shootings within a week, people familiar with the decision said Tuesday.

The suspension was ordered after an ICE officer shot and killed a Colombian driver Monday in Maine and a week after another officer shot and killed a motorist in Houston, renewing criticism of the agency’s enforcement tactics that were widely condemned last winter after the killings of Alex Pretti and Renee Good in Minnesota.

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In Florida on Tuesday, a third man in roughly a week died during an encounter with immigration officers. This time, a 28-year-old man was killed after he was hit by a tractor trailer while running from immigration and other federal officers, authorities said.

It’s a narrative that has been repeated again and again since the Trump administration’s immigration crackdown began, with federal officers confronting drivers and then saying they opened fire when the drivers’ vehicles became a danger. That’s despite decades of warnings from policing experts that shooting into moving cars presents a danger of its own and should almost always be avoided.

There have been at least 10 deaths involving encounters with immigration agents since Trump launched his deportation campaign. At least four of those deaths involved people in vehicles, including the one last week in Houston, a trend so troubling that U.S. Sen. Susan Collins, R-Maine, said Tuesday that she had urged Department of Homeland Security Secretary Markwayne Mullin “to cease all non-urgent vehicle stops.”

John Sandweg, who was acting director at ICE, which is part of DHS, during President Barack Obama’s Democratic administration, estimated recently that there have been roughly 18 traffic stop shootings during the Trump immigration crackdown.

The office of Maine Sen. Angus King, an independent who caucuses with Democrats, was told by DHS that ICE was suspending traffic stops, office spokesperson Matthew Felling said.

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ICE, which has been under pressure to beef up arrest and deportation numbers, often says people it’s trying to arrest are increasingly resistant to leaving their homes. ICE officers blame immigration advocates who advise immigrants to stay in their homes unless ICE produces a warrant signed by an independent judge instead of the administrative warrants the agency generally uses that are signed by another ICE officer. So, ICE officers say, they’re forced to find other areas in which to make arrests.

Shooting angers Maine

Hundreds of people in Maine protested Tuesday over the fatal shooting of Johan Sebastián Durán Guerrero, a 25-year-old Colombian national. Advocacy groups said Guerrero, who had a wife and a young daughter, was authorized to work in the United States.

DHS said Monday that an officer, “fearing for public safety,” shot and killed Durán Guerrero while officers were watching the home of someone they believed was in the U.S. illegally and facing a final order of removal from the country. It said in a post on X that when ICE tried to stop a car driven by someone who came from the home, the person attempted to flee in the vehicle and the officer fired.

That was a shift from how King earlier described the encounter, when he said Mullin told him the officer opened fire after the man tried to use his vehicle as a weapon. King said Mullin told him the officers were trying to serve an arrest warrant but not for the man who was shot.

In a scathing post on X, outgoing Colombian President Gustavo Petro called the shooting a targeted killing “at the hands of the U.S. government.”

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Petro, who has openly quarreled with Trump, urged Trump to provide an explanation and accused ICE officers of treating Durán Guerrero as “an inferior being without rights.”

In Wednesday’s social media post, Trump told ICE to be “judicious, fair and smart, and go back and do your very important job.”

Maine’s congressional delegation on Tuesday demanded a “comprehensive, transparent, and expedited investigation.”

Questions surround the shooting

Photos showed bullet holes in Durán Guerrero’s car windshield, but the officers involved in the shooting didn’t have body cameras, leaving many questions. Among them are how close the officer was to the vehicle when shooting, whether officers told Durán Guerrero to stop and why ICE believes he had put the public in danger.

Border czar Tom Homan told reporters Tuesday that the investigation needs to play out and that officers will be held accountable if they are found to have acted inappropriately or illegally.

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Maine’s attorney general’s office, which said it is working with federal agencies to investigate, said initial statements suggest the driver was trying to flee in the direction of the officer, whose name hasn’t been released and who was placed on leave.

Collins said Mullin told her the DHS inspector general is investigating in cooperation with the FBI.

Democrats seeking to unseat Collins in November have sought to connect her with ICE’s methods, which have drawn public scrutiny and derision. Collins later said in a statement that although ICE needs to improve, eliminating the agency would make the nation less safe.

Maine Secretary of State Shenna Bellows, a Democrat who is vying for Collins’ seat, called the ICE officers at the shooting “thugs” during a vigil Tuesday in Lewiston.

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Whittle contributed from Biddeford, Maine; Brook from New Orleans; and Sisak from New York.

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Supreme Court Justices give chilling accounts of threats to their safety

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Supreme Court Justices give chilling accounts of threats to their safety

Supreme Court Justices Elena Kagan and Amy Coney Barrett testify before the House Appropriations Committee on Capitol Hill on July 14, 2026 in Washington, D.C.

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Anna Moneymaker/Getty Images

The Supreme Court did something Tuesday that it has not done in seven years. It sent two of the justices to Capitol Hill to testify about the court’s budget request for the coming year. The budget has grown dramatically in recent years because of the equally dramatic rise in the number and intensity of threats to the justices’ safety.

Designated as the court’s representatives were Justice Elena Kagan, appointed by President Obama, and Justice Amy Coney Barrett, appointed by President Trump.

As Kagan pointed out in her testimony, it was Republican Darrell Issa and Democrat Elijah Cummings who insisted that the court beef up its security ten years ago after Justice Antonin Scalia died in his sleep on a hunting trip, with no security anywhere nearby to respond quickly.  

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“They said, kind of like, we think you’re crazy, you know, that that you have less security than director of the Office of Personnel Management does,” she recounted the Congressmen as telling the Court, “and we think that you have to do better.”

Before that, the justices basically had little to no security. They drove their own cars to work; went to the movies and shopped at supermarkets unaccompanied, and did their private travel on their own. And frankly, they liked it that way, because having security is personally invasive.

In recent years, however, the court has undertaken major changes, including continually expanding the court police force to protect the justices and their homes at all times, and funding additional cybersecurity measures.

And yet, as Justice Kagan pointed out, the Court’s $207 million budget request is less than one tenth of one percent of the entire federal budget.

The justices spoke at length Tuesday about how rising threats impacted their lives. Justice Barrett came prepared with two harrowing stories. First was the day she brought home a bullet-proof vest. 

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“My 12-year-old son was standing in the doorway of my bedroom and he wanted to know what it was,” she testified, “and I didn’t know how to respond. I didn’t expect that performing this service was going to put me in the position of explaining to my children what a bulletproof vest was and why I had to wear one.”

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Mexico files criminal complaints in US over migrant deaths in custody

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Mexico files criminal complaints in US over migrant deaths in custody


Mexico has begun filing criminal complaints with state prosecutors in the United States over the deaths of its citizens in U.S. immigration custody and during enforcement operations, the foreign mini

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MEXICO CITY, July 13 (Reuters) – Mexico has begun filing criminal complaints with state prosecutors in the United States over the deaths of its citizens in U.S. immigration custody and during enforcement operations, the foreign ministry said on Tuesday.

Mexico’s government has also sent cease-and-desist letters to U.S. detention centers where Mexican nationals have died, the ministry added in a statement.

The filings follow the deaths of at least 14 Mexican nationals in ICE custody and several others during arrest operations, including the recent fatal shooting of a Mexican citizen by an ICE agent in Houston.

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President Claudia Sheinbaum announced Mexico’s intention to escalate its response to the deaths last Friday, as she claimed that the government “cannot turn a blind eye to the Mexicans who have died.”

In addition to the measures in the U.S., Mexico’s foreign minister also contacted the United Nations High Commissioner for Human Rights regarding the deaths of Mexican nationals in ICE custody.

Mexico expects the U.N. office to gather information from U.S. authorities, analyze the events and “refer the case to the relevant special procedures of the Human Rights Council,” the statement added.

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