{"id":117450,"date":"2026-06-22T12:36:50","date_gmt":"2026-06-22T17:36:50","guid":{"rendered":"https:\/\/milesfortis.com\/?p=117450"},"modified":"2026-06-22T12:36:50","modified_gmt":"2026-06-22T17:36:50","slug":"117450","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=117450","title":{"rendered":""},"content":{"rendered":"

Justice Thomas Questions Congress\u2019s Power to Regulate Gun Possession Across State Lines<\/a>
\n\"U.S.<\/p>\n

AP Photo\/Eric Gay<\/cite><\/p>\n

In a concurring opinion for Hemani<\/em>, Justice Clarence Thomas focused on another aspect of the federal statute on which the case centered and suggested Congress lacks the power to regulate gun possession across state lines.<\/p>\n

Breitbart News\u00a0reported<\/a>\u00a0the Supreme Court of the United States handed down the\u00a0Hemani<\/em>\u00a0decision on Thursday, June 18, 2026. All nine justices stood against federal statute\u00a0\u00a7922(g)(3), the statute under which Ali Hemani was arrested and prosecuted as \u201cunlawful user\u201d of marijuana in possession of a gun.<\/p>\n

Justice Neil Gorsuch wrote SCOTUS\u2019s majority opinion and Thomas wrote a concurring opinion, looking at another aspect of\u00a0\u00a7922(g)(3) wherein he believes Congress exceeds its authority.<\/p>\n

Thomas opened\u00a0his opinion<\/a>: \u201cI agree with the Court that \u00a7922(g)(3) violates the Second Amendment as applied to respondent Ali Hemani, and I join its opinion in full. I write separately to call attention to another issue: As a matter of both original meaning and this Court\u2019s precedents, \u00a7922(g)(3) appears to exceed Congress\u2019s enumerated power to regulate interstate commerce.\u201d<\/p>\n

He narrowed his focus to Section 922(g), writing that it \u201cappears to exceed Congress\u2019s powers under the Commerce Clause.\u201d<\/p>\n

Thomas continued: \u201cCongress has the power to \u201cregulate Commerce . . . among the several States.\u201d<\/p>\n

However, he added, \u201cAs a matter of both original meaning and this Court\u2019s precedents, Congress lacks the power to regulate the possession of firearms solely on the ground that they crossed state lines at some point in the past.\u201d<\/p>\n

Thomas opined, \u201cBecause \u00a7922(g) criminalizes possession of firearms apart from any purchase or sale of goods and services across state lines, I doubt that it could be an exercise of Congress\u2019s Commerce Clause powers as an original matter.\u201d<\/p>\n

Although he stressed that this was not an issue in the\u00a0Hemani<\/em>\u00a0case, he encouraged SCOTUS \u201cand lower courts\u201d to \u201crevisit the constitutionality\u201d of Congress regulation of firearm possession across state lines.<\/p>\n","protected":false},"excerpt":{"rendered":"

Justice Thomas Questions Congress\u2019s Power to Regulate Gun Possession Across State Lines AP Photo\/Eric Gay In a concurring opinion for Hemani, Justice Clarence Thomas focused on another aspect of the federal statute on which the case centered and suggested Congress lacks the power to regulate gun possession across state lines. Breitbart News\u00a0reported\u00a0the Supreme Court of … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-117450","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/117450","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=117450"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/117450\/revisions"}],"predecessor-version":[{"id":117451,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/117450\/revisions\/117451"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=117450"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=117450"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=117450"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}