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.
4 months ago
