Advisory Opinions Bad Man Smokes Weed Doctrine
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Oct 23, 2025 A fascinating discussion unfolds around a Supreme Court case that questions if marijuana users can own firearms. The hosts tackle the complexities of police entering homes without warrants, weighing exigent circumstances against probable cause. They delve into presidential powers over the National Guard and debate how federal law distinguishes between protest and rebellion. A critique of gender dynamics in legal fields raises eyebrows, while intriguing historical precedents are revisited. The conversation is packed with legal insights and cultural commentary.
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Bad Facts Can Decide 2A Challenges
- U.S. v. Hamani raises whether drug users can legally own guns under 922(g) amid mixed-state legality for marijuana.
- The hosts warn bad facts (terrorism ties, other drugs) may tilt the Court away from reviewing marijuana-focused rights.
Wellness Checks Test Fourth Amendment Limits
- Case v. Montana asks when police may enter a home without a warrant for wellness checks under the Fourth Amendment.
- Justices seemed skeptical of a strict probable-cause requirement and favored a reasonableness/exigent-circumstances standard.
Who Decides Guard Federalization?
- 10 U.S.C. 12406 permits federalizing the Guard for invasion, rebellion, or inability to execute laws, but courts debate presidential deference.
- The Seventh Circuit required objective evidence; the Ninth gave broader presidential discretion, leaving the Supreme Court to resolve scope.