In 2020, the Department of State removed 3D-printed guns from its "Munitions List"—a de-listing that would ease various regulatory restrictions on said firearms. Twenty-two states plus D.C. sued, and a district court enjoined the change. Ninth Circuit: Congress has provided that decisions to add firearms to the Munitions List "shall not be subject to judicial review," and that necessarily covers decisions to remove firearms from the list as well. Dissent: Jurisdiction-stripping provisions should be narrowly construed, not extended beyond their plain language. (Also dissent: On the merits, the Department's rulemaking procedure violated the APA because the agency deliberately hid the fact that its proposed rule would encompass 3D-printed guns until after the comment period had closed.)
In 2020, the Department of State removed 3D-printed guns from its "Munitions List"—a de-listing that would ease various regulatory restrictions on said firearms. Twenty-two states plus D.C. sued, and a district court enjoined the change. Ninth Circuit: Congress has provided that decisions to add firearms to the Munitions List "shall not be subject to judicial review," and that necessarily covers decisions to remove firearms from the list as well. Dissent: Jurisdiction-stripping provisions should be narrowly construed, not extended beyond their plain language. (Also dissent: On the merits, the Department's rulemaking procedure violated the APA because the agency deliberately hid the fact that its proposed rule would encompass 3D-printed guns until after the comment period had closed.)