Episode
Oral Argument Re-Listen: United States v. Hemani | The Fed Felony Trap Snaps Shut on the Government
- Podcast
- The High Court Report
- Published
- Jun 24, 2026
- Duration seconds
- 6954
- Processing state
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Summary
United States v. Hemani | Case No. 24-1234 | Docket Link: Here | Argued: 03/02/2026 | Decided: 06/18/2026 Overview: A federal law strips gun rights from regular drug users without proof of danger. This case tests how far the Second Amendment's history-and-tradition standard limits Congress's power to disarm marijuana users. Oral Advocates: For Petitioner (United States): Sarah M. Harris, Principal Deputy Solicitor General, Department of Justice argues for Petitioner United States. For Respondent (Hemani): Erin Murphy of Clement & Murphy, PLLC argues for Respondent Hemani. Question Presented: Whether 18 U.S.C. Section 922(g)(3) violates the Second Amendment as applied to a marijuana user with no history of violence. Posture: District court dismissed the indictment; Fifth Circuit affirmed; Supreme Court granted certiorari. Main Arguments: Petitioner (United States): (1) Habitual drunkard laws from the founding era supply a historically analogous tradition for disarming regular drug users; (2) Vagrancy, civil-commitment, and surety laws targeted a similarly dangerous category of people; (3) Section 925(c) offers a constitutional safety valve through individualized relief. Respondent (Hemani): (1) The government's historical analogues fail the why-and-how test since habitual drunkard laws targeted only the incapacitated, not regular users; (2) No genuine circuit split warrants review; (3) Section 925(c)'s recent restoration cannot retroactively cure a violation that predates it. Holding: The government's prosecution of Mr. Hemani under §922(g)(3)'s unlawful user provision is inconsistent with the Second Amendment. Voting Breakdown: 9-0. Justice Gorsuch wrote the majority opinion joined by Chief Justice Roberts and Justices Thomas, Sotomayor, Kavanaugh, Barrett, and Jac…