Hunter Biden, President Joe Biden's son, might get a legal boost from an unlikely source – the conservative-majority U.S. Supreme Court – when he contests his indictment on firearms-related charges, thanks to the reasoning expressed by the justices in their most recent gun rights rulings.
The indictment was secured in September by Special Counsel David Weiss after a plea agreement between Hunter Biden and prosecutors collapsed in August. Abbe Lowell, Biden's defense attorney, has publicly suggested he may challenge at least some of it based on the Bruen decision. "There would be some irony if a case greatly expanding Second Amendment rights is titled Biden v. United States," UCLA constitutional law professor Adam Winkler said.
One U.S. appeals court already has concluded the drug-related statute at issue in Biden's case might be unconstitutional in some circumstances in light of the Bruen precedent. In a case involving a marijuana user, the New Orleans-based 5th U.S. Circuit Court of Appeals in August found U.S. history and tradition "does not justify disarming a sober citizen based exclusively on his past drug usage.
The Atlanta-based 11th U.S. Circuit Court of Appeals is set on Thursday to hear a challenge by medical marijuana users in Florida to the federal ban on illegal drug users possessing guns.
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