Justice Clarence Thomas says the federal government’s constitutional problem may extend far beyond marijuana users. His Hemani concurrence invites courts to reconsider whether Congress has the authority to criminalize purely intrastate gun possession under §922(g).
Justice Ketanji Brown Jackson joined the unanimous judgment protecting Ali Hemani’s Second Amendment rights. Her concurrence, however, called Bruen a “failed experiment” and urged a return to government-friendly means-end scrutiny.
The Supreme Court’s decision in United States v. Hemani rejects automatic status-based disarmament under § 922(g)(3), telling the federal government that marijuana use alone does not erase the Second Amendment.
The Civil Rights Division of the Trump administration Department of Justice has filed an amicus brief defending the Second Amendment against infringements imposed by the Massachusetts handgun roster.