To Help Heroin Trafficker Keep His Gun, Fifth Circuit Considers 'What If We Got Rid Of All Federal Laws?'

Clarence Thomas' constitutional argument against federal gun law gets first major court test

The Fifth Circuit voted to rehear a felon-in-possession case challenging whether Congress has Commerce Clause authority to criminalize gun possession under Section 922(g).

Fifth Circuit to Rehear Drug Trafficker’s Second Amendment Challenge

A federal appeals court voted to rehear a constitutional challenge to a federal law that prevents felons from possessing guns, weeks after Supreme Court Justice Clarence Thomas said he hoped a lower court would consider the law’s constitutionality. The July 20 decision by the U.S. Court of Appeals for the Fifth Circuit came after a three-judge panel of the same circuit on June 2 denied convicted drug trafficker Curtis Squire’s challenge to Secti…

Fifth Circuit to consider whether the federal ban on firearm possession violates the Commerce Clause

The U.S. Court of Appeals for the Fifth Circuit on Monday agreed to have the full court review the constitutionality of the federal ban on firearm possession by a person previously convicted of a felony. It will not, however, be a Second Amendment argument. Instead, the court will be considering whether the ban violates the Commerce Clause. If you’re confused, don’t worry. Judge Stephen Higginson has you covered. After a panel upheld the law aga…

To Help Heroin Trafficker Keep His Gun, Fifth Circuit Considers 'What If We Got Rid Of All Federal Laws?'

Every few years, in between collecting luxury gifts and vacations, Justice Thomas slaps together a concurrence literally no other justice would even consider as a prank, explaining that some load-bearing pillar of constitutional order is, on closer inspection, unconstitutional. Historically, nothing ever came of these fever dreams because few judges would jeopardize their reputations endorsing these theories. But now we have the 2026 Edition of …

Fifth Circuit Rehears §922(g) Federal Gun Ban Case

The full court vacated its earlier ruling in United States v. Squire and may now test Congress’s Commerce Clause authority behind 18 U.S.C. §922(g)(1). The Fifth Circuit will rehear United States v. Squire, a case that could test Congress’s Commerce Clause authority behind federal prohibited-person gun bans. iStock.com/[Pratchaya]On July 20, the Fifth Circuit agreed to rehear United States v. Squire en banc, opening a potentially sweeping challe…