Politics
Supreme Court strikes down ban on rapid-fire 'bump stocks' like those used in Las Vegas mass shooting
The Supreme Court on Friday struck down a federal ban on “bump stocks” like those used in the nation’s deadliest mass shooting, when 60 people were killed and 500 wounded at an outdoor concert in Las Vegas in 2017.
In a 6-3 decision, the justices rejected the views of the Biden and Trump administrations and ruled that bump stocks could not be prohibited as illegal machine guns because the trigger action operates in a different way.
The court’s six conservatives were in the majority and the three liberals dissented.
While the ruling wipes out the federal regulation, bump stocks remain illegal under California law.
Justice Clarence Thomas, speaking for the court, said bump stocks do not meet the definition of a machine gun.
“A semiautomatic rifle equipped with a bump stock does not fire more than one shot by a single function of the trigger,” he wrote in Garland vs. Cargill. “All that a bump stock does is accelerate the rate of fire by causing these distinct [functions] of the trigger to occur in rapid succession.”
In dissent, Justice Sonia Sotomayor said a bump stock works like a machine gun.
“When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck,” she wrote. “A bump-stock-equipped semiautomatic rifle fires automatically more than one shot, without manual reloading, by a single function of the trigger. Because I, like Congress, call that a machine gun.” Justices Elena Kagan and Ketanji Brown Jackson agreed.
Gun safety advocates said Congress needs to take up the issue.
“Guns outfitted with bump stocks fire like machine guns, they kill like machine guns, and they should be banned like machine guns — but the Supreme Court just decided to put these deadly devices back on the market,” said John Feinblatt, president of Everytown for Gun Safety. “We urge Congress to right this wrong and pass bipartisan legislation banning bump stocks, which are accessories of war that have no place in our communities.”
Justice Samuel A. Alito Jr. agreed it was time for Congress to act.
“The horrible shooting spree in Las Vegas in 2017 did not change the statutory text or its meaning,” he wrote in a concurring opinion. “That event demonstrated that a semiautomatic rifle with a bump stock can have the same lethal effect as a machine gun, and it thus strengthened the case for amending. Now that the situation is clear, Congress can act.”
Senate Majority Leader Charles E. Schumer (D-N.Y.) denounced the decision and said “Senate Democrats are ready to pass legislation to ban bump stocks, but we will need votes from Senate Republicans.”
While California will continue to enforce its state law, California Atty. Gen. Rob Bonta said a federal ban on bump stocks would make the state’s ban more effective.
“Federal laws that apply on a nationwide basis serve as an important complement to state firearms laws that protect our residents and communities from gun violence,” he said.
The case decided Friday did not involve the 2nd Amendment. Instead, it turned on how machine guns were described when Congress prohibited their sale. They were defined as weapons that fired automatically with a single pull of the trigger.
The Las Vegas shooter had an arsenal of assault-style rifles in his hotel room overlooking the concert site. Authorities later said 14 weapons were fitted with bump stocks that had permitted the gunman to fire more than 1,000 rounds in 11 minutes.
In response to the shooting, then-President Trump ordered the federal regulators to reclassify bump stocks as illegal machine guns because they permit a shooter to fire hundreds of rounds per minute. The Biden administration attorneys defended that rule.
Congress first restricted machine guns in 1934 in response to the gangland murders during Prohibition, including the Valentine’s Day Massacre in Chicago. Since then, Congress has revised and updated the ban several times.
More than 500,000 bump stocks were said to be in private hands when the Bureau of Alcohol, Tobacco and Firearms issued its ban in 2018. Owners were told they needed to turn in those weapons.
Michael Cargill, a Texas gun store owner, turned in his two bump stocks and then sued to challenge the law. He won before the conservative 5th Circuit Court in New Orleans that said the wording of the law was ambiguous.
U.S. Solicitor Gen. Elizabeth Prelogar appealed and urged the justices to restore the ban.
Still pending before the Supreme Court this term is a major gun rights case. At issue in that case is a federal law that authorizes judges to deny guns to persons who were accused of domestic violence. The 5th Circuit Court ruled this provision violated the 2nd Amendment, and the justices are due to hand down a ruling on the Biden administration’s appeal in U.S. vs. Rahimi.
The justices are also weighing several appeals from Illinois contending the state’s ban on assault weapons violates the 2nd Amendment.
If the court votes to hear the appeals, it will cast doubt on California’s long-standing ban on rapid-fire weapons.
When President-elect Donald J. Trump’s Middle East envoy, Steve Witkoff, met with Prime Minister Benjamin Netanyahu of Israel on Saturday to pressure him on a cease-fire deal in Gaza, there was someone on the speakerphone: Brett H. McGurk, President Biden’s longtime Mideast negotiator.
It was a vivid example of cooperation between two men representing bitter political rivals whose relationship has been best described as poisonous. Rarely if ever have teams of current and new presidents of different parties worked together at such a high-stakes moment, with the fate of American lives and the future of a devastating war hanging in the balance.
Both Mr. Trump and Mr. Biden publicly claimed credit for the breakthrough.
“This EPIC ceasefire agreement could have only happened as a result of our Historic Victory in November,” Mr. Trump wrote on his social media site even before the deal was formally announced in the Middle East.
At the White House, Mr. Biden told reporters that his administration had worked tirelessly for months to convince the two sides to halt the fighting. He called it “one of the toughest negotiations I’ve ever experienced” and gave credit to “an extraordinary team of American diplomats who have worked nonstop for months to get this done.”
As he left the room, a reporter asked Mr. Biden, “Who gets credit for this, Mr. President, you or Trump?” Mr. Biden stopped, turned around and smiled.
“Is that a joke?” he asked.
But despite the tension between the current president and the next one, their representatives in the Middle East described a cooperative working relationship in the weeks since Election Day.
“Brett is in the lead,” Mr. Witkoff said last week at Mar-a-Lago, Mr. Trump’s club in Florida, describing the working relationship. That description was accurate by all accounts, even if it did not match what Mr. Trump had said moments before in one of several statements describing his negotiators as critical players.
In fact, Mr. Trump’s threat that “all hell” would break loose if no deal was reached before his inauguration on Monday might have helped motivate Hamas’s leadership to make final decisions. But people familiar with the negotiations said the announcement on Wednesday of a deal to temporarily end hostilities in Gaza was the result of months of work by Mr. McGurk in the Middle East, capped off by several weeks of carefully coordinated efforts by Mr. Witkoff.
Mr. Witkoff, 67, a blunt real estate investor from the Bronx, has largely planted himself in Qatar for the negotiations, knowing that whatever Mr. McGurk negotiated, he would have to execute. In fact, the 33 hostages who will be released under the cease-fire deal may not see freedom until Inauguration Day or after. The cease-fire would expire six weeks later, unless Phase 2 of the agreement kicks in.
By design, the goal was to send a unified message that the fighting must end and the hostages held by Hamas must be released. One person familiar with the negotiations, who like others spoke on the condition of anonymity to describe the discussions, said Mr. McGurk was more involved in hammering out details of the agreement, while Mr. Witkoff’s role was to make clear that Mr. Trump wanted a deal by the time he is inaugurated.
The president-elect has also been setting some early parameters in his dealings with Mr. Netanyahu — who, for all his support of Mr. Trump in the election, was perceived by the Trump camp as dragging his feet on a deal. Mr. Witkoff flew to to Israel from Doha on Saturday — despite the Sabbath — to underscore the message that Mr. Netanyahu had to get on board.
Mr. Witkoff’s work, including the meeting with Mr. Netanyahu, helped Mr. McGurk and the Biden administration to put pressure on both sides during the negotiation, according to the person familiar with the talks.
It was not at all clear that such an arrangement would work in the days immediately after Mr. Trump won a second term.
He and Mr. Biden have barely talked in recent weeks, their already acrimonious relationship weighed down by the Trump team’s determination to clean out the White House career staff and the Biden team issuing last-minute orders to box in the new administration.
In his remarks on Wednesday, Mr. Biden acknowledged some level of cooperation and respect between their aides.
“This deal was developed and negotiated under my administration, but its terms will be implemented for the most part by the next administration,” Mr. Biden told reporters. “In these past few days, we’ve been speaking as one team.”
But he did not give any more credit to Mr. Trump for helping the effort. For his part, the president-elect said he was “thrilled” that the American hostages would be released, but he did not mention Mr. Biden or the work of the current administration.
“We have achieved so much without even being in the White House,” Mr. Trump wrote. “Just imagine all of the wonderful things that will happen when I return to the White House, and my Administration is fully confirmed, so they can secure more Victories for the United States!”
Both leaders left it to staff members to describe the way they had worked together on the Gaza negotiations.
A person familiar with that effort said a close partnership between Mr. McGurk and Mr. Witkoff was part of an “incredibly effective” process by which the Biden administration finalized a deal that the Trump administration would have to oversee.
That cooperation began soon after Mr. Trump won the election and named Mr. Witkoff to be his envoy to the region. Biden administration officials have said they believe the momentum for a deal began before that, when Mr. Biden helped broker a separate agreement to end fighting between Israel and Hezbollah in Lebanon. That isolated Hamas and helped persuade the group that a cease-fire was in its interests, according to Biden officials.
Politics
Stephen Miller preps House Republicans for Trump's immigration overhaul in closed-door meeting
President-elect Trump’s top aide on immigration and the border spoke with House Republicans during a roughly hour-long meeting Wednesday.
Lawmakers who left the room hailed Stephen Miller, who was tapped to be U.S. Homeland Security adviser in the new Trump administration, as a brilliant policy mind.
Two sources present for the discussions told Fox News Digital Miller talked about the need to scale up the Immigrations and Customs Enforcement (ICE) workforce, which is noteworthy given Trump’s promise to execute mass deportations when he returns to office.
Miller also discussed ways to cut federal funds going toward sanctuary cities and states, a cash flow that Republicans had previously promised to target if they were to control the levers of power in Washington.
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Trump adviser Stephen Miller addressed a group of House Republicans Wednesday, Jan. 15, 2025. (Getty Images)
The strategy meeting comes as congressional Republicans are preparing for a massive conservative policy overhaul through the budget reconciliation process. By lowering the threshold for passage in the Senate from 60 votes to 51, reconciliation allows the party controlling Congress and the White House to pass broad policy changes — provided they deal with budgetary and other fiscal matters.
The sources told Fox News Digital Miller’s portion of the meeting partly focused on what border and immigration policies could go into a reconciliation package and what kind of funding Congress would need to appropriate.
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The sources said Miller told Republicans the incoming Trump administration understood the president-elect’s border and immigration goals were “probably not going to get a lot” of Democratic votes and that “those more controversial things would need to be in reconciliation.” More bipartisan initiatives could be passed during the regular process, the sources added.
A House GOP lawmaker told Fox News Digital of an understanding that Congress would follow Trump’s lead.
“I think we’re going to see a slew of executive orders early, and that is going to be helpful to separate from what we have to do legislatively,” the lawmaker said.
One source in the room said Miller emphasized the importance of messaging, adding that “nothing matters if we don’t get our message out to the American people.”
President-elect Trump has promised to carry out mass deportations. (Donald Trump/Truth Social)
Rep. Ralph Norman, R-S.C., told Fox News Digital Miller discussed “low-hanging fruit” that Trump could tackle by executive order, mentioning “deportation” as a possibility.
“Tax stuff, that’s going to take some time,” Norman said.
Rep. Mark Alford, R-Mo., declined to go into specifics about the meeting but told Fox News Digital the discussion focused on “illegal immigration and how that’s going to be curbed … to bring commonsense solutions to the program.”
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“I had a couple of questions about the cost to American taxpayers if we don’t repatriate some 12 million illegal aliens who the Biden administration has let into our country,” Alford said.
Miller declined to answer reporters’ questions when he left the room.
He was invited to address the Republican Study Committee led by Rep. August Pfluger, R-Texas, the House GOP’s largest caucus, which acts as a conservative think tank of sorts for the rest of the House Republican Conference.
House GOP leaders like Speaker Mike Johnson, R-La., were not in attendance, nor were they expected.
Rep. Mark Alford said he asked about the cost to taxpayers to keep millions of illegal immigrants in the country. (Getty Images)
Rep. Kevin Hern, R-Okla., the group’s previous chairman, said there was “nothing new” said during the meeting, adding it was an opportunity for Trump’s aides to address the House GOP.
Trump and his aides have already paid heavy attention to congressional Republicans.
Several of his incoming White House aides are in regular contact with top GOP lawmakers. Trump personally invited several groups of House Republicans to Mar-a-Lago last weekend.
WASHINGTON — Thanks to the internet and smartphones, children today have instant access to vast amounts of online pornography, much of it graphic, violent and degrading, Texas state attorneys told the Supreme Court on Wednesday.
They urged justices to restore the rules of an earlier era, when X-rated theaters and bookstores had an adults-only policy.
Last year, Texas enacted an age-verification law that requires pornographic websites to confirm their users are 18 or older.
Lawyers for 23 other Republican-led states joined in support of Texas, saying they have or plan to adopt similar measures.
The court’s conservative justices signaled they are prepared to uphold these new laws.
They noted that age-verification rules are now common for online gambling and for buying alcohol or tobacco online.
But more importantly, they pointed to the dramatic change in technology and the easy availability of hardcore pornography.
We are “in an entirely different era,” said Chief Justice John G. Roberts Jr. “The technological access to pornography has exploded.”
He said that warrants reconsidering rulings from decades past that invoked the 1st Amendment to strike down anti-pornography measures.
In one such ruling, the court in 2004 said parents and librarians could use filtering software to protect children from pornography.
Justice Amy Coney Barrett said parents have long known that “filtering” software is not effective in protecting children. “Kids can get online porn through gaming systems, tablets, phones and computers,” she said. “I can say from personal experience … content filtering isn’t working.”
In the past, she said the court had no problem upholding laws that prevent bookstores from selling sexually explicit books or magazine to children or teens.
She questioned why online porn should be treated differently.
Washington attorney Derek Shaffer, who represented the adult entertainment industry that challenged the Texas law on 1st Amendment grounds, argued the Texas law could have a “chilling effect” on adult customers who may be leery of providing personal information needed to verify age and identity.
Texas state solicitor Aaron Nielsen said the new age-verification systems allow customers to confirm their age online without directly contacting a particular website.
“Age verification is simple, safe and common,” he said.
The justices and the attorneys spent most of their time on what free speech standard should apply to such a law.
In the past, the court said anti-pornography laws must be viewed with “strict scrutiny.” Usually, that resulted in narrowing or striking down such laws.
By contrast, the 5th Circuit Court allowed the Texas law to take effect because it was a “rational” means of protecting children.
Several of the justices said they would vote to uphold the Texas law, but they may also agree to send it back to the 5th Circuit Court for a second hearing.
Republican-led states pointed to a growing pornography problem.
“The average child is exposed to internet pornography while still in elementary school,” wrote state attorneys for Ohio and Indiana. “Pornography websites receive more traffic in the U.S. than social media platforms Instagram, TikTok, Netflix, and Pinterest combined.”
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