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Advisory Opinions

Second Amendment v. Ghost Gun Ban

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 27 March 2025

⏱️ 83 minutes

🧾️ Download transcript

Summary

Sarah Isgur and David French discuss the Supreme Court’s ruling to uphold the the ban on ghost guns. Is it really about the Second Amendment? Sarah and David are then joined by Gregg Costa—partner at Gibson Dunn and former Fifth Circuit judge—to explain the issue with universal injunctions and forum shopping. The Agenda: —I ain’t afraid of no ghost (gun) —A big week for Justice Neil Gorsuch —Mens rea and regulation —False vs. misleading —$660 million, baby —Judiciary is politicized —Administrative Procedure Act and universal injunctions —Predicting SCOTUS outcomes Show Notes: —Gregg Costa's podcast: A View from the Bench Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings, click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

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0:24.2

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0:29.1

Ready?

0:30.9

I was born ready.

0:32.2

I was born ready.

0:36.2

Oh! Welcome to advisory opinions. I'm Sarah Isger. That's David French. And we have an incredible special guest coming up for you.

0:55.2

The return of former Fifth Circuit Judge Greg Costa to the podcast to talk about universal

1:02.4

injunctions, the good, the bad, and the ugly. But first, David, we have some Supreme

1:07.4

Court decisions that we should talk about. Yes, yes. One in particular,

1:12.4

well, there's two that are fun. One in particular, I'm super interested in the ghost gun case,

1:17.8

but two that are worth it. Okay, let's then start with the ghost gun case. David, what's a ghost

1:25.9

gun? Yeah, that's a really good question. So essentially what

1:29.3

you're talking about, again, standard disclaimer when talking about guns, some of you guys

1:34.9

are more expert on than me on terminology. So please, Grace, in the comments. But a ghost gun

1:43.3

is typically when you're talking about creating a gun, usually homemade,

1:48.0

in other words, or at least you're using parts gathered from somewhere, creating a gun

1:52.6

that doesn't have a serial number, for example, that it's like a ghost. It's a gun that exists

...

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