US v Hemani - Drug user prohibition

[Euler]

On June 2, the US filed a petition for certiorari. (Docket)

Petition for certiorari said:

...
Respondent ... is a drug dealer who uses illegal drugs. Text messages recovered from his phone showed that he used and sold promethazine and that he found that substance addictive. ... He also used cocaine and marijuana. ...

The FBI obtained a warrant to search respondent's family home. ... Agents found a Glock 9mm pistol, 60 grams of marijuana, and 4.7 grams of cocaine. ... Respondent told the FBI that he used marijuana about every other day. ... He also told the FBI that the cocaine, which had been found in his mother's room, belonged to him.
...
Respondent moved to dismiss the indictment on the ground that Section 922(g)(3) violates the Second Amendment on its face. ... Respondent amended his motion to dismiss to assert an as-applied challenge under [US v] Daniels.

The district court granted respondent's amended motion and dismissed the indictment on the ground that Section 922(g)(3) violates the Second Amendment as applied ....

... The Fifth Circuit ... concluded in [US v] Connelly that "there is no historical justification for disarming a sober citizen not presently under an impairing influence."

... Relying on Connelly, the Fifth Circuit summarily affirmed the district court's dismissal of the indictment.
...

So Hemani (who by accounts is otherwise a bad guy, but which may not be relevant to this charge) successfully challenged 18 USC 922(g)(3), the provision of the Gun Control Act that prohibits the possession of firearms by a person who "is an unlawful user of or addicted to any controlled substance." The DOJ is attempting to reverse the dismissal.

The DOJ's argument is that Hemani is a bad guy who should be disarmed indefinitely. He's holds dual US and Iranian citizenship and frequently spouts pro-Iranian rhetoric, as well as being a known drug dealer.

[Euler]

... except he wasn't charged with being a drug dealer or issuing pro-Iranian speech.

[Euler]

On June 9, Hemani requested an extension from July 7 to July 21 to respond.

[Euler]

On June 11, the Court granted the extension to July 21.

[Euler]

On July 21, Hemani responded.

[Euler]

On August 15, the Court "rescheduled" this petition for conference (i.e., removed it from the conference). It had originally been scheduled for September 29 along with Sam and Daniels, which were also "rescheduled." Cooper is still scheduled for September 29.

[Euler]

On August 18, the Court "rescheduled" the Cooper petition for conference, as well.

[Euler]

On September 24, the Court scheduled all the drug user cases for conference on October 10.

[EdDinIL]

Cert granted.

 

https://www.supremecourt.gov/orders/courtorders/102025zor_19m2.pdf

[Euler]

On October 23, the US requested an extension to the deadline to file its opening brief from December 4 to December 12.

[Euler]

On October 31, the Court granted an extension to file petitioner's opening brief to December 12. Defendant's brief is due January 20.

[Euler]

On December 12, the US filed its brief.

There are a lot of amicus briefs, too.

On December 19, the State of Illinois filed an amici brief in support of the US.

[davel501]

On 12/22/2025 at 9:31 PM, Euler said:

On December 12, the US filed its brief.

There are a lot of amicus briefs, too.

On December 19, the State of Illinois filed an amici brief in support of the US.

 

I wish they'd throw all these amici briefs in Raoul's face the next time his office asks for an extension. They've clearly got the time. 

[EdDinIL]

 

 

[Euler]

On January 9, Hemani requested a 3-day extension to the deadline to respond to the government's brief, from January 20 to January 23.