The 17.7 million Americans who use marijuana daily or near-daily can relax: The Supreme Court appears poised to hold that Congress can’t prohibit them from owning firearms. More significantly, the argument revealed that the Supreme Court’s originalist doctrine on gun laws has made it increasingly difficult for Congress to bar almost anyone from owning a gun.
The oral argument before the justices on Monday in US v. Hemani focused on whether there is a historical analogy between today’s cannabis users and the habitual drunkards who could be imprisoned or fined under 18th-century law.
The case involves a Texas man, Ali Danial Hemani, who was ...
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