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

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

Fox News · 3 hours ago

The full US Fifth Circuit Court of Appeals has agreed to rehear the case of United States v. Squire, brought by a convicted heroin trafficker, in a move that could challenge the constitutional basis of one of the federal government's most frequently used gun laws. The decision follows recent remarks from Supreme Court Justice Clarence Thomas, who urged lower courts to reconsider whether Congress had the constitutional authority to enact the law in the first place. The case is significant because it targets a statute widely relied upon by federal prosecutors, and a ruling against it could have far-reaching implications for gun rights and federal firearms prosecutions.

The law in question concerns restrictions on firearm possession by convicted felons, a provision that has faced growing scrutiny following recent Supreme Court rulings that have reshaped how courts assess the constitutionality of gun control measures under the Second Amendment. The Fifth Circuit's decision, made on a Monday vote, means the full bench will now reconsider the case rather than leaving it to a smaller panel, signalling the weight the court is giving to the constitutional questions raised. The case comes amid a broader wave of Second Amendment litigation, including separate lawsuits filed by the Department of Justice's Civil Rights Division against California and Virginia over state gun law restrictions.

  • Fifth Circuit to rehear felon gun rights case en banc
  • Follows Justice Clarence Thomas urging review of law's constitutionality
  • Case could reshape a key federal firearms prosecution statute

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