The U.S. Supreme Court is giving the Trump administration more time to decide whether to challenge a court ruling that questions the constitutionality of banning gun ownership for marijuana users.
Justice Brett Kavanaugh has approved a request from Solicitor General D. John Sauer, allowing the administration until June 5 to determine whether to appeal a February decision from the Eighth Circuit Court of Appeals. That ruling partially sided with a defendant who argued that the federal law prohibiting firearm possession by those who use marijuana violates the Second Amendment.
The case centers on Keshon Daveon Baxter, who was arrested in possession of both a gun and marijuana. Although the lower court rejected Baxter’s constitutional arguments, the appeals court reversed part of that ruling, stating more fact-finding was needed to resolve the Second Amendment issue and sending the case back to the district court.
Sauer, who was recently appointed solicitor general and previously represented Donald Trump in a major presidential immunity case, told the high court that more time is needed to evaluate the legal and practical impact of the appeals court decision.
The Firearms Policy Coalition, which has tracked the case closely, said it was “encouraged” by the delay and hopes the administration recognizes that the law lacks historical or legal justification.
