Policy Recap 17: Unleashing American Drone Dominance

Executive Orders

EO 14307 Unleashing American Drone Dominance

Establishes a national strategy to secure American leadership in unmanned aerial systems (UAS) by expanding domestic manufacturing, streamlining FAA certification for commercial and defense applications, and investing in autonomous flight research. The order prioritizes export opportunities for allied partners, enhances counter-drone defense capabilities, and restricts procurement of foreign-made drones from adversarial nations.

EO 14306 Sustaining Select Efforts To Strengthen the Nation’s Cybersecurity and Amending Executive Order 13694 and Executive Order 14144 

Extends and modifies prior cybersecurity executive orders to maintain sanctions against foreign actors engaged in cyber-enabled activities threatening national security. The order updates enforcement mechanisms, enhances coordination between intelligence and financial agencies, and integrates new cyber threat categories into the sanctions framework. It continues efforts to safeguard critical infrastructure, election security, and private sector resilience against evolving cyber threats.

EO 14305 Restoring American Airspace Sovereignty 

Directs federal agencies to strengthen control over U.S. airspace by enhancing surveillance, enforcement, and regulatory measures against unauthorized incursions by foreign state-affiliated aircraft and unmanned vehicles. The order mandates increased coordination between the FAA, Department of Defense, and Department of Homeland Security to modernize airspace monitoring systems, improve incident response protocols, and protect national security interests from aerial surveillance threats.

EO 14304 Leading the World in Supersonic Flight

Launches a national initiative to reestablish American leadership in commercial and defense supersonic aviation. The order directs the FAA and Department of Transportation to modernize noise regulations, expedite airworthiness certifications, and coordinate international standards for supersonic travel. It also prioritizes federal research funding for next-generation propulsion, sustainable fuels, and advanced materials to ensure environmental compliance and global competitiveness.

SCOTUS

Rivers v. Guerrero

In a unanimous decision, the Supreme Court held that a second habeas petition filed after a district court enters final judgment on a first petition qualifies as a “second or successive” application under 28 U.S.C. §2244(b), even if the first petition is still on appeal. The Court rejected petitioner Rivers’s argument that his second petition should not be treated as successive because the appeal was pending, emphasizing that final judgment—not appeal status—defines second or successive petitions. Justice Jackson wrote for the Court. The ruling affirms the Fifth Circuit’s transfer of Rivers’s second petition for authorization, reinforcing procedural limits on multiple habeas filings.

Commissioner of Internal Revenue v. Zuch

In a 7–1 decision, the Supreme Court held that the Tax Court lacks jurisdiction under 26 U.S.C. §6330 to review collection due process (CDP) appeals when the IRS is no longer pursuing a levy. The Court explained that the Tax Court’s jurisdiction is limited to reviewing the appeals officer’s determination on whether a levy may proceed, not broader tax liability disputes. Once Zuch’s outstanding tax liability was fully satisfied and the IRS ceased collection efforts, no “determination” remained for review. Justice Barrett delivered the majority opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Jackson. Justice Gorsuch dissented. The case was reversed and remanded for dismissal consistent with this ruling.

Martin v. United States

In a unanimous decision, the Supreme Court clarified that the Federal Tort Claims Act’s law enforcement proviso applies only to the intentional-tort exception (§2680(h)) and does not override the discretionary-function exception (§2680(a)). The Court rejected the Eleventh Circuit’s use of a Supremacy Clause defense shielding the government from liability for a mistaken FBI raid. Justice Gorsuch wrote for the Court; Justice Sotomayor concurred, joined by Justice Jackson. The case was vacated and remanded for further review without the Supremacy Clause defense.

Parrish v. United States

The Court held that a notice of appeal filed after the original deadline but before the court grants reopening under 28 U.S.C. §2107(c) relates forward to the reopening date, so no second notice is required. This preserves jurisdiction and avoids dismissal on procedural grounds. The Fourth Circuit’s contrary ruling was reversed. Justice Sotomayor delivered the opinion; Chief Justice Roberts and Justices Alito, Kagan, Kavanaugh, and Barrett joined; Justice Jackson concurred in judgment with Justice Thomas; Justice Gorsuch dissented.

A. J. T., by and through her parents, A. T., et al. v. Osseo Area Schools, Independent School District No. 279

The Court held that students with disabilities bringing ADA and Rehabilitation Act claims related to education are not required to show “bad faith or gross misjudgment” by school officials. Instead, the standard is the same as in other disability discrimination cases: injunctive relief requires no proof of intent, while compensatory damages require a showing of “deliberate indifference.” The Court rejected the Eighth Circuit’s heightened standard, rooted in Monahan v. Nebraska (1982), as inconsistent with the IDEA’s statutory protections under 20 U.S.C. §1415(l), which preserve rights under other federal disability laws. The decision vacated and remanded the lower court ruling. Justice Thomas delivered the opinion; Justices Roberts, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett joined; Justice Jackson concurred in part.

US Congress

No new laws passed by congress.