‘The Bundle of Sticks: Is There Anything It Can’t Do?’

“Last week, the Supreme Court decided Henderson v United States. Justice Kagan’s opinion for a unanimous court holds that a court can use its equitable powers to order the government to transfer a convicted felon’s firearms to a third party as long as the court is satisfied that the recipient will not give the felon control over the guns. (Under 18 USC § 922(g), it is unlawful for a felon to possess a firearm.) As reflected in the 9-0 result and the skepticism of the Justices about the government’s arguments for why a flat-out refusal to allow the felon any choice of transferee, the opinion might be regarded as an unremarkable bit of criminal law or statutory construction …” (more)

[Henry Smith, New Private Law, 21 May]

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