Supreme Court grants cert to consider Second Amendment challenge to firearm possession prohibition for drug users
Regular readers know I have been closely following an array of disparate lower rulings regarding the application of the Supreme Court’s landmark 2022 Second Amendment ruling in Bruen. The Supreme Court this morning decided it will take up one big issue that has especially roiled the lower courts, as noted by this Law360 piece:
The U.S. Supreme Court decided on Monday to address “a four-way circuit conflict” over whether it is legal to prevent users of drugs — including marijuana, which the majority of states have legalized in some fashion — from possessing firearms.
In accepting the petition for writ of certiorari filed in June by the Trump administration, the high court will examine a Fifth Circuit decision that allowed Texas resident Ali Danial Hemani to possess firearms regardless of his marijuana use.
The federal government, represented by U.S. Solicitor General John Sauer, said in its petition that it has previously sought consideration of the issue from the highest court.