The legal question over the constitutionality of a federal gun ban for people who use marijuana is now before the U.S. Supreme Court, where justices are expected to decide whether they will hear an appeal of a circuit court ruling that found the restriction violates the Second Amendment.
The Congressional Research Service (CRS) noted the pending action in a legal sidebar that was published this month, explaining how three relevant cases are under consideration in the nation’s highest court that could finally settle the issue.
Briefs in one of those cases—United States vs. Daniels—were distributed for a Supreme Court conference this month, where justices were presented with a number of cases that they could choose to hear. The Justice Department had asked the court to hold its petition for a writ of certiorari until it resolved a separate case that justices are actively reviewing because of “overlaps” between the two.
No decision was made in the conference, so it’s unclear if the Supreme Court will ultimately grant the government’s request or not.
The ruling that DOJ is appealing came from the U.S. Court of Appeals for the Fifth Circuit, which examined the federal statute known as Section 922(g)(3) that prevents
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