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Competing rulings on under 21 handgun sales could put issue before Supreme Court

The Supreme Court may soon weigh in on whether people younger than 21 have the right to buy handguns, a decision that could upend decades-old federal restrictions and reshape the nation’s gun laws.

In January, the right-leaning Fifth Circuit Court of Appeals, based in New Orleans, struck down the federal government’s decades-old ban on handgun purchases for 18- to 20-year-olds. That decision came after the 10th Circuit upheld the same prohibition in November. Meanwhile, the U.S. Court of Appeals for the Fourth Circuit is currently considering whether to uphold a Virginia district court judge’s decision ending the age-limit ban.

“Whenever there’s decisions that cross each other, you have a much better chance of getting a writ of certiorari at the U.S. Supreme Court,” Alan Gottlieb, founder of the Second Amendment Foundation, told Fox News Digital.

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“This issue is definitely making its way to the Supreme Court—and fast,” said Pepperdine’s Jacob Charles, a constitutional law professor with an expertise in Second Amendment issues. “This is a key federal law, and you just can’t have that apply differently across the nation (at least for long).”

The federal ban on handgun sales to people younger than 21 began in 1968 as part of the Gun Control Act passed that year.

The federal ban on handgun sales to people under the age of 21 began in 1968 as part of the Gun Control Act passed that year. Fast-forward to the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, and a tranche of lawsuits aiming to upend laws restricting gun sales to people over 21 are making their way through the courts. The gun-violence nonprofit news outlet The Trace compiled data showing that between June 2022 and August 2024, there have been more than 1,600 Bruen-based challenges to gun laws.

The Bruen decision rejected the strict scrutiny frameworks being used by lower courts to evaluate gun laws and instead established a “historical tradition” that required laws to adhere more directly to the text of the Second Amendment.

“The levels of scrutiny – rational basis, intermediate scrutiny, strict scrutiny – don’t matter. What the Supreme Court’s Bruen ruling said was, you have to look at the text and the history. That’s what counts,” said Gottlieb. “When the Bill of Rights was put together, there was nothing that prohibited 18-to 20-year-old young adults from being able to own or carry a firearm.”

Handguns are displayed at the Taurus booth during the National Rifle Association annual convention in Indianapolis. (Photographer: Jon Cherry/Bloomberg via Getty Images)

Gottlieb and the Second Amendment Foundation have sued in several states to reverse their bans on hand gun sales to young adults under 21.

Several cases challenging age limit bans, including cases filed in Massachusetts and Connecticut this month, are ongoing.

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“Our track record, at least, is mostly wins, and part of the logic on that is that there’s nothing in under the Bruen decision at the Supreme Court, which makes them look at the text and history of the Second Amendment.”

A protester holds signs calling for an end to gun violence in front of the Supreme Court in Washington, D.C. (Nathan Howard/Getty Images)

The Fifth Circuit decision cited the Supreme Court’s Bruen ruling in its decision not to uphold the federal ban, as did two other circuit courts over the last year.

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One case in the Eighth Circuit invalidated a ban in Minnesota. Since then, the Commissioner of Public Safety in Minnesota filed a petition for the Supreme Court to rule on the case. That petition is currently pending.

March 2, 2025
Judicial pushback against Trump agenda likely to go to Supreme Court, experts say

President Donald Trump’s agenda has been met with a wave of lawsuits since he took office in January, and legal experts say many of them will likely end up in the Supreme Court’s hands.

“President Trump is certainly being aggressive in terms of flexing executive power and not at all surprised that these are being challenged,” John Malcolm, vice president of the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital.

Trump kicked off his second term with a flurry of executive orders and directives that have since been the targets of a flood of legal challenges. Since Trump’s day 1, more than 40 lawsuits have been filed over the administration’s actions, including the president’s birthright citizenship order, immigration policies, federal funding freezes, federal employee buyouts, Elon Musk’s Department of Government Efficiency (DOGE), and legal action against FBI and DOJ employees.

“Many of these cases may end up on the Supreme Court, but certainly the birthright citizenship,” Malcolm said. “If there ends up being a split among the courts, that issue will certainly be taken up by the U.S. Supreme Court.”

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President Donald Trump’s agenda has been met with a wave of lawsuits since he took office in January, and legal experts say many of them will likely end up in the Supreme Court’s hands. (Getty Images)

Erwin Chemerinsky, dean at UC Berkeley School of Law, said Trump “has issued a myriad of orders violating the Constitution and federal laws” and noted that “Many already have been enjoined by the courts.”

“The crucial question is whether the president will defy these orders,” Chemerinsky told Fox News Digital.

“Almost without exception, throughout American history, presidents have complied with Supreme Court orders even when they strongly disagree with them.”

In one of the most recent developments, a Rhode Island federal judge ordered the Trump administration to unfreeze federal funds, claiming the administration did not adhere to a previous order to do so. The Trump administration appealed the order to the First Circuit shortly thereafter, which was ultimately denied.

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“Judges ordering the federal government to spend billions of dollars when the administration is saying that that is not in the best interests of the United States, I would expect that issue to be on a fast track to the U.S. Supreme Court,” Malcolm said.

Many of these lawsuits have been filed in historically left-leaning federal court jurisdictions, including Washington federal court and D.C. federal court. Various challenges have already been appealed to the appellate courts, including the Ninth and First Circuits, which notably hand down more progressive rulings. The Ninth Circuit, in particular, has a higher reversal rate than other circuit courts.

Despite the variety of ongoing legal challenges, Malcolm said he believes the Trump administration is on more solid footing when it comes to cases concerning firing political appointees. (BRENDAN SMIALOWSKI/AFP via Getty Images)

“Judge shopping is nothing new,” Malcolm said. “So I’m not at all surprised that these lawsuits challenging the Trump administration are being filed, for the most part, in the bluest of blue areas where the odds are high that the judge who’s going to be considering the issue has a liberal orientation.”

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“Almost without exception, throughout American history, presidents have complied with Supreme Court orders even when they strongly disagree with them,” Chemerinsky said. (AP Photo)

Despite the variety of ongoing legal challenges, Malcolm said he believes the Trump administration is on more solid footing when it comes to cases concerning firing political appointees. On Monday, Special Counsel Hampton Dellinger, who was appointed by former President Joe Biden to lead the Office of Special Counsel, sued the Trump administration in D.C. federal court after he was fired on Friday.

Malcolm said Trump’s second term will continue to see a wave of litigation as he continues to implement his agenda, similar to his predecessors, including Biden.

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Malcolm particularly noted the Biden administration’s efforts to redefine sex in Title IX as “gender identity.” A Kentucky federal judge blocked the Biden administration’s attempt in early January.

“There are a lot of these issues that end up coming up,” Malcolm said, looking back on Biden’s Title IX legal challenges. “And I suspect that the same sorts of issues will come up during the Trump administration, and they’ll be full employment for lawyers throughout his entire term.”

Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.

February 13, 2025
Iran’s supreme leader says nuclear talks with Trump admin would not be ‘wise’

Iran’s Supreme Leader Ayatollah Ali Khamenei told air force officers in Teheran on Friday that nuclear talks with the U.S. “are not intelligent, wise or honorable.”

Khamenei added that “there should be no negotiations with such a government,” but did not issue an order to not engage with the U.S., according to The Associated Press.

Khamenei’s remarks on Friday seem to contradict his previous indications that he was open to negotiating with the U.S. over Iran’s nuclear program. In August, Khamenei seemed to open the door to nuclear talks with the U.S., telling his country’s civilian government that there was “no harm” in engaging with its “enemy,” the AP reported.

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President Donald Trump floated the idea of a “verified nuclear peace agreement” with Teheran in a post on his Truth Social platform. In the same post, he also slammed “greatly exaggerated” reports claiming that the U.S. and Israel were going to “blow Iran into smithereens.”

Iranian Supreme Leader Ayatollah Ali Khamenei, left, and President Donald Trump. (Office of the Iranian Supreme Leader/WANA (West Asia News Agency)/Handout via REUTERS/Elizabeth Frantz/File Photo)

“I would much prefer a Verified Nuclear Peace Agreement, which will let Iran peacefully grow and prosper. We should start working on it immediately, and have a big Middle East Celebration when it is signed and completed,” Trump wrote on Truth Social.

In 2018, during his first term, Trump exited the Joint Comprehensive Plan of Action (JCPOA), also known as the Iran Nuclear Deal, saying that it was not strong enough to restrain Iran’s nuclear development. At the time, President Trump argued that the deal, which was made during former President Barack Obama’s second term, was “one of the worst and most one-sided transactions the United States has ever entered into.”

Iranian Supreme Leader Ayatollah Khamenei alongside a look inside a Uranium plant. (Getty Images)

Just days before his call for a “verified nuclear peace agreement” with Iran, Trump signed an executive order urging the government to put pressure on the Islamic republic. He also told reporters that if Iran were to assassinate him, they would be “obliterated,” as per his alleged instructions.

According to the AP, on Friday, Khamenei slammed the U.S. because, in his eyes, “the Americans did not hold up their end of the deal.” Furthermore, Iran’s supreme leader referenced Trump’s withdrawal from the JCPOA, saying that he “tore up the agreement.”

“We negotiated, we gave concessions, we compromised— but we did not achieve the results we aimed for.”

Iran has insisted for years that its nuclear program was aimed at civilian and peaceful purposes, not weapons. However, it has enriched its uranium to up to 60% purity, which is around 90% the level that would be considered weapons grade.

An Iranian military truck carries surface-to-air missiles past a portrait of Iran’s Supreme Leader Ayatollah Ali Khamenei during a parade on the occasion of the country’s annual army day on April 18, 2018, in Tehran, Iran. (ATTA KENARE/AFP via Getty Images)

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International Atomic Energy Agency Director General Rafael Grossi told Reuters in December 2024 that it was “regrettable” that there was no “diplomatic process ongoing which could lead to a de-escalation, or a more stable equation.”

In addition to his remarks on Iran, President Trump made global headlines with his proposal that the US take over Gaza as the Israel-Hamas war rages on. Khamenei, according to the AP, also seemed to reference the president’s remarks on Gaza without mentioning them outright.

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“The Americans sit, redrawing the map of the world — but only on paper, as it has no basis in reality,” Khamenei told air force officers, according to the AP. “They make statements about us, express opinions and issue threats. If they threaten us, we will threaten them in return. If they act on their threats, we will act on ours. If they violate the security of our nation, we will, without a doubt, respond in kind.”

Rachel Wolf is a breaking news writer for Fox News Digital and FOX Business.

February 7, 2025
Supreme Court to consider an effort to establish the nation’s first publicly funded religious charter school

The Supreme Court will weigh an effort to establish the nation’s first religious charter school with implications for school choice and religious practices.

The court agreed Friday to hear two cases on the matter, which will be argued together — Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond.

In 2023, the Statewide Virtual Charter School Board voted to approve an application by the Roman Catholic Archdiocese of Oklahoma City and the Diocese of Tulsa for a K-12 online school, the St. Isidore of Seville Virtual Charter School.

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Oklahoma parents, faith leaders and an education group sought to block the school after the approval.

In a 7-1 decision, the Oklahoma Supreme Court found a taxpayer-funded religious charter school would violate the First Amendment’s provision on “establishment of religion” and the state constitution.

The Supreme Court will weigh an effort to establish the nation’s first religious charter school. (Olivier Douliery/AFP via Getty Images)

“Under Oklahoma law, a charter school is a public school,” Justice James Winchester wrote in the court’s majority opinion. “As such, a charter school must be nonsectarian.

“However, St. Isidore will evangelize the Catholic school curriculum while sponsored by the state.”

Alliance Defending Freedom Chief Counsel Jim Campbell told Fox News Digital the case “is fundamentally about religious discrimination and school choice.”

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“The Supreme Court has been clear in three cases over the last eight years that you can’t create a public program like that and then exclude religious organizations,” Campbell said. “So, we’re going to be arguing before the court that the state of Oklahoma should be allowed to open up the program to religious organizations.”

Oklahoma Republican Attorney General Gentner Drummond originally challenged the school’s approval. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Campbell says the decision would give parents, families and the state “more educational options.”

Oklahoma Republican Attorney General Gentner Drummond, who originally challenged the school’s approval, has previously said the school’s establishment is unconstitutional. His spokesperson told Fox News Digital in a statement the attorney general “looks forward to presenting our arguments before the high court.”

“I will continue to vigorously defend the religious liberty of all 4 million Oklahomans,” Drummond said in a statement released in October. “This unconstitutional scheme to create the nation’s first state-sponsored religious charter school will open the floodgates and force taxpayers to fund all manner of religious indoctrination, including radical Islam or even the Church of Satan. My fellow Oklahomans can rest assured that I will always fight to protect their God-given rights and uphold the law.”

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The Oklahoma case is one of several religious institution cases that have been filed in the Supreme Court.

In 2017, the high court ruled in favor of a Missouri church that sued the state after being denied taxpayer funds for a playground project as a result of a provision that prohibits state funding for religious entities.

Likewise, in 2020, the Supreme Court struck down a ban on taxpayer funding for religious schools in a 5-4 decision that backed a Montana tax-credit scholarship program. Most recently, in 2022, the Supreme Court ruled that a Maine tuition assistance program violated the First Amendment’s Free Exercise Clause for excluding religious schools from eligibility.

Justice Amy Coney Barrett recused herself from the case, although an explanation was not given. (AP Photo/Patrick Semansky)

Campbell said given the court’s previous considerations of cases involving religious educational institutions, he is “hopeful that the Supreme Court will recognize that the same principle applies here.”

“You can’t create a charter school program that allows private organizations to participate but tell the religious groups that they can’t be included,” Campbell said. “So, we’re hopeful that the Supreme Court will make it clear that people of faith deserve to be a part of the charter school program as well.”

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Justice Amy Coney Barrett recused herself from the case, although an explanation was not given. The Supreme Court is expected to hear oral arguments in April.

School choice has become a hot-button issue, particularly after the 2024 election cycle. President Donald Trump recently signed two executive orders on education, one to remove federal funding from K-12 schools that teach critical race theory and another to support school choice.

Fox News Digital’s Ronn Blitzer and the Associated Press contributed to this report.

Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.

January 31, 2025
Trump DOJ asks Supreme Court to freeze student debt, environment cases

Missouri Attorney General Andrew Bailey joins ‘The Bottom Line’ to discuss President Biden’s student loan forgiveness plan and reaction to Harrison Butker’s commencement speech.

President Donald Trump’s Justice Department on Friday asked the Supreme Court to freeze a handful of cases, including a challenge to one of former President Biden’s student loan bailouts.

Acting Solicitor General Sarah Harris filed several motions Friday asking the court to halt proceedings in the student loan case and three environmental cases while the new administration will “reassess the basis for and soundness” of Biden’s policies.

The Supreme Court was expected to hear oral arguments for these cases in March or April and issue decisions later this term. But Trump’s DOJ requested that the high court halt all written brief deadlines, which would put them on indefinite hold.

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President Donald Trump delivers his inaugural address after being sworn in as the 47th President of the United States in the Rotunda of the US Capitol on Jan. 20, 2025, in Washington, D.C. (CHIP SOMODEVILLA/FP via Getty Images / Getty Images)

Under former President Joe Biden, more than 5 million Americans had their student debt canceled through actions taken by the Department of Education. But Biden’s actions faced numerous legal challenges, with GOP critics alleging he went beyond the scope of his authority by acting without Congress.

In this case, the 5th Circuit Court of Appeals had blocked the Biden administration’s borrower defense rule, which would have expanded student debt relief for borrowers who were defrauded by their schools. The court found that Biden’s rule had “numerous statutory and regulatory shortcomings.” Biden appealed to the Supreme Court, which agreed to hear the case earlier this month.

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Activists attend a rally outside of the White House to call on U.S. President Joe Biden to cancel student debt on July 27, 2022, in Washington, D.C. (Anna Moneymaker/Getty Images / Getty Images)

Now, that case is on hold, and it is possible the Trump administration will revoke the rule change, rendering the issue moot.

The three environmental cases have to do with regulations issued by the Environmental Protection Agency during the Biden administration that were challenged.

Biden canceled student loan debt for more than 5 million Americans. (REUTERS/Bonnie Cash / Reuters Photos)

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It is not unusual for a new presidential administration to reverse its position on legal cases inherited from the prior administration. After Biden took office, the DOJ asked the Supreme Court to freeze a challenge to Trump’s attempt to use military funds to construct a border wall. Biden halted the spending and the court dismissed the case.

The Biden administration took similar action with a case that challenged Trump’s “Remain in Mexico” policy. The Supreme Court eventually tossed the case as moot after Biden rescinded the policy.

January 25, 2025