The United States Supreme Court in April 2024 agreed to hear two cases in the 2024-2025 term concerning a U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule and judicial review of certain decisions made by immigration officials.
SCOTUS on April 22 agreed to hear Garland v. VanDerStok—a case challenging the ATF’s authority to issue a rule regulating firearm parts kits, which the agency refers to as ghost guns. Gun owners and advocacy groups challenged the 2022 rule, arguing that the ATF did not have the statutory authority under the Gun Control Act of 1968 to issue the rule. The U.S. Court of Appeals for the Fifth Circuit affirmed the lower court’s ruling to block enforcement of the rule, arguing, “Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.”
The court on April 29 also agreed to hear Bouarfa v. Mayorkas—a case concerning whether an individual can obtain judicial review of a revoked visa petition based on nondiscretionary criteria. Amina Bouarfa, a U.S. citizen, filed a lawsuit in the U.S. District Court for the Middle District of Florida to review the U.S. Citizenship and Immigration Services’ decision to revoke her husband’s visa, which the agency had previously approved. The lower court dismissed the case, arguing that courts do not have congressional authority to review discretionary decisions made by immigration officials. The case was appealed to the U.S. Court of Appeals for the Eleventh Circuit, which affirmed the lower court’s decision.
Garland v. VanDerStok and Bouarfa v. Mayorkas were appealed to the Supreme Court, which agreed to hear the cases in the October 2024-2025 term.
Additional reading:
Definition of “Frame or Receiver” and Identification of Firearms rule (2022)