WASHINGTON − Gun control supporters had held some hope that the Supreme Court would uphold regulations from the Biden administration concerning the management of “ghost guns,” untraceable firearms.

However, despite indications during last month’s hearings that the justices might lean towards the administration’s stance, an incoming Trump administration could eliminate requirements that firearms crafted from kits bear serial numbers or that owners undergo background checks.

“Naturally, we are extremely concerned due to significant public health and safety issues,” stated Douglas Letter, chief legal officer at the Brady Center to Prevent Gun Violence, reflecting on the impact of President-elect Donald Trump’s win on this case.

Significant legal shifts may occur concerning another pressing issue: whether states have the authority to prohibit puberty blockers and hormone treatments for transgender youth.

In December, the Justice Department plans to argue that these prohibitive measures are unconstitutional.

Nevertheless, it may take months before a decision is reached by the justices. Prior to that, a Trump-led Justice Department could signal a shift in position to the court.

Transgender Healthcare: A Priority for Trump

Trump has declared his ambition to “put an end to the chemical, physical, and emotional mutilation of our youth,” making his opposition to transgender rights a key focus during his campaign.

“The Trump campaign has shown a robust determination to shield children from these harmful drugs and procedures,” remarked Matt Sharp, senior counsel at the Alliance Defending Freedom, which has supported a Tennessee ban on transgender healthcare for minors. “We will see ultimately how the administration proceeds—whether it adopts a formal stance or permits the case to progress.”

The Trump campaign did not provide comments regarding potential policies the new administration might adopt concerning ongoing court matters.

Alongside the issues currently under review, other significant matters likely to be influenced by an administration change include decisions related to abortion, healthcare coverage under the Affordable Care Act, environmental regulations, and various governmental policy actions.

“I am confident that this administration will bring about substantial modifications in these policies and the positions it takes before the Supreme Court,” stated Adam Winkler, a law professor at UCLA.

Legal Flip-Flops: Trump to Biden and Back

During Donald Trump’s first term, early actions by the Justice Department reversed its earlier positions on four notable legal cases concerning voter roll purges, labor rights, union fees, and the powers of SEC judges.

These reversals were “sudden and seemed remarkably inconsistent with established practices,” noted Michael Dreeben, a former deputy solicitor general, in a 2021 analysis for the Yale Law Journal. This led to speculation that the justices might be wary of these quick shifts.

Nevertheless, as Dreeben highlighted, the Supreme Court ultimately sided with Trump’s Justice Department in all four instances.

After President Joe Biden took office, the Justice Department reversed its stance on a challenge to the Affordable Care Act that had been supported by the Trump administration, which sought to dismantle the law. Ultimately, the Supreme Court ruled that Texas did not demonstrate adequate harm and dismissed the challenge without addressing the core constitutional questions.

The Biden administration also revoked Trump-era immigration policies still being litigated in the Supreme Court.

Now, the incoming Trump leadership may adopt a similar approach regarding a forthcoming abortion-related issue likely to return to the justices.

The Biden administration is currently contesting Idaho’s stringent abortion ban, arguing it conflicts with a federal mandate requiring emergency rooms to provide stabilizing care, including abortions if necessary to avert serious health risks.

The Supreme Court has since sent the case back to a lower appeals court for additional consideration. However, if the 9^th Circuit Court of Appeals rules in favor of Biden’s Justice Department, the Trump administration could opt to drop the appeal should Idaho push it to the Supreme Court.

It remains uncertain what will transpire if the incoming administration opts to cease challenging state bans on gender-affirming treatments for minors.

If the Justice Department informs the court of its shift in stance, the justices might request a presentation of the new legal arguments or allow the American Civil Liberties Union — which is representing the families contesting Tennessee’s ban – to primarily advocate for that position.

“There are numerous possibilities that we might encounter with all this,” remarked Sharp from the Alliance Defending Freedom.

The ACLU initiated the lawsuit on behalf of transgender minors, their families, and a physician. Following the involvement of the Justice Department, the Supreme Court agreed to review the federal government’s request, while ensuring that the ACLU has equal time to present its case during the oral arguments on December 4.

“This issue doesn’t just affect the U.S. in isolation. It involves private plaintiffs along with the government,” stated David H. Gans from the Constitutional Accountability Center, which has submitted supporting briefs for the challenge. “These individuals are the ones suffering as a result of the Tennessee legislation.”

Despite their differing viewpoints, both Gans and Sharp concur that the legal disputes concerning the bans—which have been adopted by nearly half of the states—along with associated matters, are likely to persist.

“So many similar cases are in the pipeline that whether it’s this instance or another, I believe the court will need to make a judgment and provide a definitive ruling,” Sharp commented.

What decision will Trump make regarding ‘ghost guns’?

It may be simpler for Trump to overturn Biden’s regulations concerning ghost guns.

According to a letter from the Brady Center to Prevent Gun Violence, there’s hope that law enforcement will convince Trump that ghost guns hinder their ability to combat crime.

“This was a significant issue that has diminished due to this rule,” he stated.

However, gun rights groups are banking on Trump to abolish these regulations.

“When he spoke to NRA members last May, President Trump promised to reverse every action taken by the Biden-Harris Administration against responsible gun owners,” said Randy Kozuch, executive director of the NRA Institute for Legislative Action, in a statement.

Sam Paredes, a representative for the Gun Owners Foundation, claimed Trump made a comparable promise to their group.

“Gun Owners of America and Gun Owners Foundation were leaders in this legal battle,” Paredes said in a statement, “and eagerly anticipate this rule being discarded soon.”