Amy Coney Barrett, Neil Gorsuch skeptical of Trump DOJ view in SCOTUS case
- Conservative Justices Amy Coney Barrett and Neil Gorsuch questioned the federal government's justification for barring marijuana users from owning guns in a case involving Ali Danial Hemani.
- During oral arguments, most justices appeared inclined toward a narrow ruling favoring Hemani, who was charged under a law prohibiting gun ownership by illegal drug users despite occasional marijuana use.
- The Trump administration urged the court to uphold the ban, arguing it prevents potentially dangerous individuals from possessing firearms, while Hemani's attorney highlighted responsible marijuana users capable of safely owning guns.
- Some justices expressed concern that ruling for Hemani might complicate enforcement regarding other substances or force courts to evaluate drug-related dangerousness, reflecting tensions between state cannabis laws and federal prohibition.
Conservative Supreme Court Justices Amy Coney Barrett and Neil Gorsuch questioned the federal government's stance in a case involving a federal law that bars marijuana users from owning guns.
During oral arguments in the case on Monday, a majority of justices on the court appeared to lean toward a narrow ruling in favor of a Texas man who argued he shouldn’t have been charged with a crime because he owned a gun and smoked marijuana a few times a week.
The Trump administration had asked the court to revive a criminal case against Ali Danial Hemani under a law that bans all illegal drug users from owning guns.
“What is the government’s evidence that using marijuana a couple of times a week makes someone dangerous?” Barrett asked during arguments.
Principal Deputy Solicitor General Sarah Harris argued that the law is a reasonable measure to keep firearms out of the hands of potentially dangerous people.
Gorsuch noted that a growing number of states have legalized cannabis while it remains illegal at the federal level.
“What do we do with the fact that marijuana is sort of illegal and sort of isn’t and that the federal government itself is conflicted on this?” Gorsuch asked.
An attorney for Hemani, Erin Murphy, said there are many cannabis users who regularly take gummies as sleep aids, for example, who are capable of making safe decisions about firearms.
Some justices appeared concerned that a ruling for Hemani could allow people who use more dangerous drugs to access firearms, or that courts would have to assess the level of dangerousness presented by a substance.
“It just seems to me that this takes a fairly cavalier approach to the necessary consideration of expertise and the judgments we leave to Congress and the executive branch,” Chief Justice John Roberts said.
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