Advisory Opinions Can Marijuana Users Be Barred from Owning Guns?
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Mar 5, 2026 A legal deep dive into whether marijuana use can constitutionally bar someone from owning guns. They tease how historical analogies and doctrinal line-drawing shape Second Amendment disputes. The conversation also covers emergency Supreme Court moves on parental rights in schools and a New York redistricting stay. The episode ends with a look at the practical reach of the War Powers Resolution.
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Jackson Warns Against Judicially Accepting Modern Analogues
- Justice Jackson warned Bruen's historical-analog test can't let modern legislatures simply relabel policy judgments as historical matches.
- She argued Bruen may allow arbitrary analogs and inconsistent outcomes across cases like Rahimi and Bruen.
Favor Simple Illegal Drug Bright Line For Courts
- Courts may prefer a bright-line rule like banning illegal drug users rather than attempting granular dangerousness assessments.
- David French predicts line-drawing problems favor a simple 'illegal drugs' disarmament rule as administrable.
Court Protects Parental Rights Against School Secrecy
- The Supreme Court's interim order in Bonta blocked California's parental-notification restriction on schools that withhold student gender transition info.
- Majority found parental free exercise and longstanding parental-rights precedents support injunction despite Ninth Circuit disagreement.
