Updates from the Court this week: three cert denials, several relists for conference, and Hemani oral arguments. Read all about it here
firearmslaw.duke.edu/2026/03/scot...
@jacobdcharles.bsky.social shared his thoughts on how arguments went in Hemani and explained how, based on the justices' questions, the decision may come down.
firearmslaw.duke.edu/2026/03/brea...
It's always a pleasure to speak to student journalists, and I'm grateful to share my thoughts on the arguments in Hemani. medillonthehill.medill.northwestern.edu/2026/03/supr...
Still 8 other challenges to the same law (federal felon-in-possession law, 18 USC 922(g)(1)) pending before SCOTUS, and the justices are slated to discuss them at conference on 3/6 and 3/20. Not out of the woods yet.
Our Director spoke to @thetrace.org about arguments in Hemani. Story here: www.thetrace.org/2026/03/scot...
Right you are! Would be the narrowest basis for the decision, and may garner enough votes given how messy arguments were today.
Gorsuch skeptical that whatever the government's definition of "unlawful user," record doesn't seem to suggest that Hemani satisfies it.
Only Sotomayor interacted with Hemani's vagueness challenge. Based on OA, doesn't seem like that will be the basis for the court's decision.
KBJ again used opportunity to demonstrate, from her perspective, the challenges with consistently applying Bruen as a methodology. She also challenged the govt to explain how its position here is consistent with its position in Wolford (arguments occurred in Jan; case about property restrictions).
Barrett and others asked whether Controlled Substances Act reflected Congressional judgment as to substances' dangerousness, and whether that's doing the work in the statute, or whether it's the illegal use of the drug that makes someone dangerous.
Hemani debrief: overall, justices seemed very skeptical of the govt's argument. Only Alito and the Chief are clearly on the govt's side. A lot of skepticism about how habitual drunkard statutes are sufficiently relevant to 922g3's restriction on unlawful users.
Issue is whether federal ban on possession by "unlawful drug users" is constitutional--either under a void for vagueness theory OR the 2A. Read the Center's coverage summing up the issues here firearmslaw.duke.edu/2026/02/hema...
Big morning at SCOTUS - oral arguments in United States v. Hemani start at 10:00 AM ET. You can listen live here www.supremecourt.gov/oral_argumen...
Our thoughts ahead of Monday's oral arguments in United States v. Hemani
firearmslaw.duke.edu/2026/02/hema...
Cert petitions are challenges to 922(g)(1); state laws that permit suits against firearms industry, purportedly in contravention of PLCAA; IL open carry ban; & a local law in OR restricting public carry but allows for affirmative defense of having concealed carry license
8 new cert petitions involving 2A issues this week and several 2A cases listed for 3/20 conference - read about them here.
firearmslaw.duke.edu/2026/02/scot...
Check out our weekly update on all things 2A at the Supreme Court. firearmslaw.duke.edu/2026/02/scot...
In an opinion by Judge Krause, CA3 held, "Purely functional code with no expressive purpose, use or intent is simply not covered by the First Amendment."
On Thursday, CA3 upheld dismissal of challenge to NJ's prohibition on the distribution of computer code that allows the printing of ghost guns to residents who are not registered or licensed as gun manufacturers. Ps claimed code was protected speech; CA3 said no.
www.njoag.gov/wp-content/u...
Check out this week's developments in Second Amendment law before the Supreme Court. Seven new cert petitions raising 2A claims, and some updates on pending petitions re: LCMs and semiautomatic weapon bans. firearmslaw.duke.edu/2026/02/scot...
Congrats to our co-founders Joseph Blocher and Darrell Miller for being two of the nation's top-cited scholars in Supreme Court briefs, according to an article by @scotusblog.com
www.scotusblog.com/2026/02/how-...
Reminder that abstracts for the CFL/FRC annual WIP conference are due by Friday, February 20, 2026. The conference will be held at Duke Law this year from May 28-29. Instructions here: firearmslaw.duke.edu/2026/01/of-i...
The 3rd Circuit will reconsider whether to uphold a New Jersey law that broadly restricts carrying guns at a variety of 'sensitive places' including parks, hospitals, libraries, museums, beaches, zoos and casinos.
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Oral arguments in Koons v. NJ AG happening before the 3d Circuit en banc this morning. Discussing sensitive places. Listen here: www.youtube.com/watch?v=H_oT...
New cert petitions raising 2A issues were filed in the Supreme Court last week. Most are felon-in-possession challenges. Read our coverage of those cases, and other recent developments, here. firearmslaw.duke.edu/2026/02/scot...
On Friday, we co-hosted our annual symposium with the William & Mary Law Review to discuss Challenging Gun Industry Immunity. Thanks to everyone, particularly our student organizers, who made the event a success. t.co/9NNSwiNHMA
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