Tuesday, March 3, 2026

U.S. v. Hemani (2026)

I am listening to the oral arguments.  The Solictor-General's argument opens with a distinction between drug addict and occasional user of marijuana. 

She also pointed to vagrancy and involuntary commitment laws as an excuse for such laws. Justice Sotomayor then asked the S-G about the others punished by vagrancy laws, using the language about jugglers, nightwalkers that appears in the postbellum Black Codes.

When Justice Sotomayor is poking holes in your argument, I think we have a chance at a good result even though Hemani was a bad guy with ties to the Iranian Revolutionary Guards.

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