Thomas Concurs in Gun-Marijuana Ruling but Argues the Commerce Clause Cannot Sustain Federal Firearm Bans at All
The Supreme Court's unanimous decision in United States v. Hemani invalidated federal prosecution of marijuana users for gun possession. Justice Clarence Thomas agreed with that outcome but went further, arguing in a concurrence that Section 922(g) exceeds Congress's commerce power entirely. That argument has drawn no majority support across decades of Thomas's service, but the legal logic is harder to dismiss than its isolation on the Court might suggest.