United States v. Rahimi
Coverage of United States v. Rahimi in the Nexus archive.
- Hemani: proving the reason, not just naming it
In United States v. Hemani, Justices Gorsuch, Jackson, and Alito agreed the government failed to prove its justification for disarming Ali Hemani under 18 U.S.C. § 922(g)(3), citing his marijuana use. The case hinges on Second Amendment protections and the requirement for the government to demonstrate a permissible reason tied to the defendant's conduct, as established by precedents like Bruen and Rahimi.
- The Supreme Court’s common sense problem
The Supreme Court increasingly uses 'common sense' reasoning in legal decisions, as seen in cases like Learning Resources v. Trump (tariffs), Diamond Alternative Energy v. EPA (standing), and United States v. Rahimi (Second Amendment). Justices, including Neil Gorsuch and Ketanji Brown Jackson, have expressed skepticism about this approach, highlighting its subjective nature and potential to reflect controversial intuitions about governance.