11 days ago
In June, a unanimous Supreme Court ruled in United States v. Hemani that the government can't strip your right to possess a firearm just because you smoke marijuana. Yet an old drug conviction could still stop you from waxing eyebrows, cutting hair, or giving massages.
Hemani highlights a double standard in constitutional law: Courts roll out the red carpet for some rights while relegating others—like the right to earn a living—to the service entrance.
In Hemani, the Supreme Court held that Ali Hemani could not be prosecuted for possessing a handgun while being an unlawful user of marijuana. Under the Court's Second Amendment framework, when a law burdens protected conduct—like possessing a gun—the government must show that the law is consistent with a historical tradition of firearm regulation. Here, the Court held that the government failed that test.
But similar laws face a much more forgiving test when it comes to a different right—the right to earn a living. States often employ "good moral character" requirements for a license to do certain jobs, which means regulators can deny licenses due to past drug convictions. These requirements have a similar effect as the law that prevented Hemani from possessing a gun because of his marijuana habit.
For example, Courtney Haveman was denied a cosmetology license to do facials and hair removal because of misdemeanors from her drinking days—years after she'd gotten sober. Thankfully, a court held that the character requirement violated the Pennsylvania Constitution.
Hemani highlights a double standard in constitutional law: Courts roll out the red carpet for some rights while relegating others—like the right to earn a living—to the service entrance.
In Hemani, the Supreme Court held that Ali Hemani could not be prosecuted for possessing a handgun while being an unlawful user of marijuana. Under the Court's Second Amendment framework, when a law burdens protected conduct—like possessing a gun—the government must show that the law is consistent with a historical tradition of firearm regulation. Here, the Court held that the government failed that test.
But similar laws face a much more forgiving test when it comes to a different right—the right to earn a living. States often employ "good moral character" requirements for a license to do certain jobs, which means regulators can deny licenses due to past drug convictions. These requirements have a similar effect as the law that prevented Hemani from possessing a gun because of his marijuana habit.
For example, Courtney Haveman was denied a cosmetology license to do facials and hair removal because of misdemeanors from her drinking days—years after she'd gotten sober. Thankfully, a court held that the character requirement violated the Pennsylvania Constitution.
13 days ago
American boxer Hannah Rapp died on Saturday after being hit by a car while cycling in Texas.
Rapp, 26, was passed by a car which suddenly came to a stop then reversed into her, according to the Brazos County sheriff's office.
The driver has been arrested and charged with manslaughter.
Rapp challenged for the WBC women's featherweight championship in June, losing to Tiara Brown in Orlando, which left her with an 8-1-1 record.
WBC president Mauricio Sulaiman said in a statement: "She was an exceptional boxer, but above all, an invaluable member of our boxing family."
Rapp, 26, was passed by a car which suddenly came to a stop then reversed into her, according to the Brazos County sheriff's office.
The driver has been arrested and charged with manslaughter.
Rapp challenged for the WBC women's featherweight championship in June, losing to Tiara Brown in Orlando, which left her with an 8-1-1 record.
WBC president Mauricio Sulaiman said in a statement: "She was an exceptional boxer, but above all, an invaluable member of our boxing family."
