Supreme Court 9-0 Unanimous Decision Creates Immediate Constitutional Commerce Clause Challenge!

The transcript argues that the Fifth Circuit’s en banc rehearing in United States v. Squire could become a major Commerce Clause test for the federal felon-in-possession statute, 18 U.S.C. § 922(g)(1). It says the case was revived after Justice Clarence Thomas’s concurrence in United States v. Hemani invited lower courts to re-examine whether Congress can ban mere intrastate firearm possession based only on a firearm’s prior interstate travel. The speaker emphasizes that the defendant’s brief and supporting amicus briefs from groups like Gun Owners of America and Attorneys on Retainer are pushing for either striking the law down or narrowing it to require a current commerce connection. The broader conclusion is that the case could affect not only gun laws but also the limits of federal power under the Commerce Clause more generally, with oral argument expected in January 2027.