Barrett and Gorsuch push back on Trump DOJ's defense of federal ban on gun ownership for marijuana users
Two of the Supreme Court's conservative justices openly challenged the Trump administration's position Monday in a case that sits at the intersection of Second Amendment rights and the federal government's increasingly untenable stance on marijuana.
Justice Amy Coney Barrett and Justice Neil Gorsuch questioned the government's defense of a federal law that bars marijuana users from owning firearms, pressing the administration's attorney on the logic and evidence behind the prohibition during oral arguments.
The case centers on Ali Danial Hemani, a Texas man who argued he shouldn't have been charged with a crime because he owned a gun and smoked marijuana a few times a week. According to Newsweek, the Trump administration had asked the court to revive the criminal case against Hemani under a law that bans all illegal drug users from possessing guns.
The questions that matter
Barrett cut straight to the evidentiary gap at the heart of the government's argument:
"What is the government's evidence that using marijuana a couple of times a week makes someone dangerous?"
It's a question the federal government has never answered well. The law in question doesn't require proof that an individual poses any specific danger. It simply treats all illegal drug users as categorically unfit to exercise a constitutional right. No hearing, no finding, no distinction between a violent offender and someone who takes a gummy before bed.
Gorsuch, meanwhile, zeroed in on the absurdity of the federal government's own contradictions on cannabis:
"What do we do with the fact that marijuana is sort of illegal and sort of isn't and that the federal government itself is conflicted on this?"
He noted that a growing number of states have legalized cannabis while it remains illegal at the federal level. That's not a minor discrepancy. It means millions of Americans are following their state laws and simultaneously committing a federal offense that strips them of their gun rights. The federal government can't maintain two positions forever: tolerating state-level legalization while prosecuting people for exercising constitutional rights that the legalization supposedly renders safe.
The administration's case
Principal Deputy Solicitor General Sarah Harris argued that the law is a reasonable measure to keep firearms out of the hands of potentially dangerous people. It's a familiar framework: public safety justifies broad restrictions, and courts should defer to legislative judgment about who qualifies as a risk.
Chief Justice John Roberts appeared sympathetic to that deference argument:
"It just seems to me that this takes a fairly cavalier approach to the necessary consideration of expertise and the judgments we leave to Congress and the executive branch."
Roberts's concern isn't unreasonable in the abstract. Courts shouldn't lightly overrule legislative determinations about public safety. But deference has limits, and those limits are supposed to be constitutional rights. The Second Amendment isn't a suggestion that Congress can override with a generalized appeal to dangerousness.
Hemani's attorney, Erin Murphy, made a practical point that underscores how detached the law is from reality. She noted that many cannabis users regularly take gummies as sleep aids, for example, and are perfectly capable of making safe decisions about firearms. The law draws no such distinctions. It treats the weekend edible user and the chronic drug abuser identically.
Strange bedfellows, familiar principle
The case has produced one of those rare alignments that tells you something real is at stake. Both the American Civil Liberties Union and the National Rifle Association support Hemani's case. When the ACLU and the NRA agree, the government is usually wrong.
Cecillia Wang, national legal director at the ACLU, framed the stakes bluntly:
"Anyone one of them who also owns a gun for self defense could be charged with a felony. This law violates the Second Amendment and puts far too much power in the hands of federal prosecutors, with the risk of arbitrary or discriminatory enforcement."
Gun safety groups like Everytown oppose the case, which is predictable. Their default position is that any restriction on firearms ownership is worth preserving, regardless of its constitutional footing.
But the conservative concern here runs deeper than marijuana policy. This is about whether the government can strip a constitutional right from millions of citizens based on:
- No individualized finding of dangerousness
- No violent conduct
- No conviction for a violent crime
- An activity that is legal in a growing number of states
If the answer is yes, the principle doesn't stop at marijuana. Any substance classification, any regulatory category, becomes a potential vehicle for disarming law-abiding citizens.
What comes next
The court is expected to decide the case by the end of June. The ruling could determine whether the government can prosecute marijuana users for possessing a firearm, a question with enormous implications given the patchwork of state legalization laws now covering much of the country.
The court currently holds a 6-3 conservative majority. If Monday's arguments are any indication, at least two of those six justices are unwilling to let the government lean on vague appeals to dangerousness when a constitutional right is on the line. Barrett's question about evidence and Gorsuch's question about coherence aren't idle curiosities. They're the kind of questions that precede rulings the government doesn't want.
The federal government has spent years trying to have it both ways on marijuana: looking the other way on state legalization while wielding federal prohibition as a weapon against gun owners. Sooner or later, that contradiction was going to land in front of nine justices who take the Constitution seriously. That day was Monday.




