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PaperclipPerfector  4d ago (text post)   15900 thread views

Culture War Roundup for the week of June 15, 2026

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I'm sure @gattsuru will have a more full analysis, but the Second Amendment case US v Hemani just dropped. The Supreme Court found that a man who unlawfully used a controlled substance cannot, by doing so, become automatically prohibited from possessing firearms. The big shock in this case is that it was 9-0.

Unfortunately, as is to be expected, the decision is so narrow as to likely not affect any other case.

The Court’s decision is narrow. It does not address efforts to ban addicts or those presently intoxicated from possessing a firearm; other prophylactic laws Congress might adopt after determining that users of a particular drug pose a special risk of misusing firearms; §922(g)(1)’s provision disarming individuals convicted of felonies; or whether the government could bring a prosecution under §922(g)(3) accompanied by individualized proof that the defendant’s drug use renders him a danger to himself or others, or proof that a certain drug always renders its users dangerous.

The reason it is 9-0 is because it is this narrow, the reason it is this narrow is because there's maybe 2 justices who actually believe bearing arms is a right on par with the other rights guaranteed against federal meddling.

Thomas, sure. Gorsuch, probably. Kavanaugh, maybe. Alito if he's magnanimous. Roberts might as well be nominated by Clinton for how he's ruled on guns, and Barrett strikes me as the same, easily closest to Roberts of the options on the court.

And, of course, it's defending a foreign terrorist, and not a law-abiding American. Because of course Americans can't expect to defend their own rights without some foreigner, it has to be some foreigner or it will never get to the SC in the first place.

And, of course, it's defending a foreign terrorist, and not a law-abiding American. Because of course Americans can't expect to defend their own rights without some foreigner, it has to be some foreigner or it will never get to the SC in the first place.

This seems like a silly thing to say. What percent of gun law cases that make it to the Supreme Court do you think involve "persons" vs "citizens"?

I agree that the Supreme Court tries to shop for the right cases to try a legal theory, but I don't think it is as straightforward as, "of course, it's defending a foreign terrorist."

It is frustrating if you're familiar with all the various cases making their way through the circuits though. The Court seems to be consistently choosing gun cases with the worst, most complicated, least sympathetic facts while ignoring clean challenges with sympathetic petitioners.

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