The Weekly Reload Podcast

Law Professor Jonathan Adler on the Supreme Court's New "Ghost Gun" Case

April 29th, 2024

The Supreme Court has decided to take up another gun case. Although, it's another one that doesn't touch on the Second Amendment. This time, the Court will decide if the ATF's rule restricting unfinished frames and receivers is an unlawful overreach of the agency's power. 

Jonathan Adler, a law professor at Case Western Reserve University, joins the show to give us his insight into this case and the Court's recent uptick in gun cases.

He argued that the Court's acceptance of two cases challenging ATF administrative power alongside an NRA First Amendment case and an actual Second Amendment case should be read as an increased appetite for gun cases. He noted that the Supreme Court has actually been taking fewer and fewer overall cases in recent years but more and more gun-related ones. He doesn't think that can be brushed aside, even if most of the cases don't deal with Second Amendment claims.

Still, Professor Adler said he isn't confident the Court will side with the gun-rights plaintiffs in the so-called ghost gun case. He argued the way they intervened in the lower court case to issue stays on multiple rulings against the ATF should be read as tell for where the justices plan to go on the merits. He said a move like that might be more predictive of intent than most stays issued by federal courts.

You can listen to the show on your favorite podcasting app or by clicking here. Video of the episode is available on our YouTube channel. Reload Members get access on Sunday, as always. Everyone else can listen on Monday.