Denying

WASHINGTON — The Trump administration on Monday urged the Supreme Court to limit the reach of the 2nd Amendment and deny gun rights to “habitual” users of drugs, including marijuana.

But most of the justices sounded skeptical. They questioned whether marijuana users are so dangerous they should not have firearms.

They noted too that President Trump signed a recent executive order to reclassify marijuana as lesser controlled substance.

“Why is this a test case?,” asked Justice Neil M. Gorsuch.

Federal laws on “controlled substances” and the 2nd Amendment created a conflict between gun rights and illegal drugs, but Gorsuch said marijuana users are not seen as a particular danger to the public.

“This is an odd case to have chosen” to resolve this legal dispute, he said.

Most of the justices said they were wary of ruling broadly to decide the legal status of other addictive drugs.

At issue was a provision of the Gun Control Act of 1968, which forbids gun possession by any person who “is an unlawful user of or addicted to any controlled substance.”

The Justice Department says about 300 people per year are charged with a crime under this provision. They include Hunter Biden, the former president’s son, who was charged and convicted of lying about his drug addiction when he applied for a handgun permit.

The case brought together civil libertarians and gun rights advocates, who said millions of Americans could face criminal charges if the government’s view is upheld.

Deputy Solicitor Gen. Sarah Harris, representing the administration, said the court should uphold the law to deny guns to habitual users of unlawful drugs.

“Congress decided it is dangerous to mix firearms with controlled substances,” she said.

But Erin Murphy, a Washington attorney, said gun owners have not been notice that having a handgun at home could lead to a criminal prosecution if they sometimes use marijuana.

She said the court should hand down a “narrow” decision that spares her client.

Ali Hemani, a Texas man, was investigated by the FBI in 2020 for his family’s suspected ties to the Iranian Revolutionary Guard Corps, a designated terrorist group.

When the FBI obtained a warrant to search his home, agents found a Glock pistol and 60 grams of marijuana as well as 4.7 grams of cocaine in his mother’s room. Hemani said he used marijuana about every other day.

He was charged with illegal gun possession because he was an unlawful drug user.

But citing the 2nd Amendment, a federal judge and the 5th Circuit Court of Appeals dismissed the charges on the grounds that he was not under the influence of drugs at the time of his arrest.

Appealing, the Trump administration said the Supreme Court should uphold the 1968 law and deny guns to those who are “habitual users” of illegal drugs.

Solicitor Gen. D. John Sauer said this prosecution “falls well within Congress’s authority to temporarily disarm categories of dangerous persons — here, habitual drug users.”

From the nation’s founding, “habitual drunkards” could be prohibited from having guns and that historic principle supports denying guns to habitual drug users.

The American Civil Liberties Union defended Hemani said the government’s view threatens to broadly extend the reach of the criminal law.

“Like tens of millions of Americans, Ali Hemani owned a handgun for self-defense, keeping it safely secured at home. Like many of those same Americans, he also consumed marijuana a few days a week,” they said in their brief.

“According to the government, those two facts alone sufficed to make him an ‘unlawful user’ of a controlled substance who could face criminal penalties.”

TOPEKA, Kan. — Kansas is set to invalidate about 1,700 driver’s licenses held by transgender residents and roughly as many birth certificates under a new law that goes beyond Republican-imposed restrictions in other states on listing gender identities in government documents.

The new law takes effect Thursday. Democratic Gov. Laura Kelly vetoed the measure, but the Legislature’s GOP supermajorities overrode it last week as Republican state lawmakers across the U.S. have pursued another round of measures to roll back transgender rights.

The bill prohibits documents from listing any sex other than the one assigned birth and invalidates any that reflect a conflicting gender identity. Florida, Tennessee and Texas also don’t allow driver’s licenses to reflect a trans person’s gender identity, and at least eight states besides Kansas have policies that bar trans residents from changing their birth certificates.

But only Kansas’ law requires reversing changes previously made for trans residents. Kansas officials expect to cancel about 1,700 driver’s licenses and issue new birth certificates for up to 1,800 people.

“It tells me that Kansas Republicans are interested in being on the vanguard of the culture war and in a race to the bottom,” said Democratic state Rep. Abi Boatman, a transgender Air Force veteran appointed in January to fill a vacant Wichita seat.

Kansas’ new law enjoyed nearly unanimous GOP support. It is the latest development in what has become an annual effort to further roll back transgender rights by Republicans in statehouses across the U.S., bolstered by policies and rhetoric from President Trump’s administration.

Trump and other Republicans attack research-backed conclusions that gender can change or be fluid, which they frame as radical “gender ideology.” GOP lawmakers in Kansas regularly describe transgender girls and women as male, and say that in doing so they are protecting women.

Like other Republicans, Kansas Senate Majority Leader Chase Blasi said Trump’s reelection and other GOP victories in 2024 show that voters want “to return to common sense” on gender.

“When I go home, people believe there are just two sexes, male and female,” Blasi said. “It’s basic biology I learned in high school.”

Kelly supports transgender rights, but GOP lawmakers have overridden her vetoes three of the last four years. Kansas bans gender-affirming care for minors and bars transgender women and girls from female sports teams, kindergarten through college.

Transgender people can’t use public restrooms, locker rooms or other single-sex facilities associated with their gender identities, though there was no enforcement mechanism until this year’s law added tough new provisions.

Transgender people have said carrying IDs that misgender them opens them to intrusive questions, harassment and even violence when they show it to police, merchants and others.

In 2023, Republicans halted changes in Kansas birth certificates and driver’s licenses by enacting a measure ending the state’s legal recognition of trans residents’ gender identities. Though the law didn’t mention either document, it legally defined male and female by a person’s “biological reproductive system” at birth.

However, a lawsuit led to state court decisions that permitted driver’s license changes to resume last year.

Legislators in at least seven other states are considering bills to prevent transgender people from changing one or both documents, according to a search using the bill-tracking software Plural.

But none would reverse past changes.

The extra step by Kansas legislators reinforces a message “that trans people aren’t welcome,” said Anthony Alvarez, a transgender University of Kansas student who works for an LGBTQ+ rights group.

Kansas is likely to notify transgender residents by mail that their driver’s licenses are no longer valid and they need to go to a local licensing office to get a new one, said Zachary Denney, spokesperson for the agency that issues them.

The Legislature hasn’t earmarked funds to cover the cost, so each person will be charged for it — $26 for a standard license.

Alvarez already has had four IDs in four years as he’s changed his name, changed his gender marker and turned 21.

He’s always planned to stay in his native Kansas after receiving his history degree this spring.

But, he said, “they’re just making it harder and harder for me to live in the state that I love.”

Hanna writes for the Associated Press.

The U.K. is blocking U.S. use of two key bases for an attack on Iran, according to a report by The Times. Both Diego Garcia, an island in the Indian Ocean, and RAF Fairford, a base in the U.K., would be important to any American plans to use long-range bombers in a sustained campaign against Iran.

The move reportedly stems from British legal concerns about an Iran attack as well as a dispute between U.S. President Donald Trump and U.K. Prime Minister Keir Starmer over the ultimate disposition of Diego Garcia. We will discuss that more later in this story.

We have yet to see any bombers moving to Diego Garcia and, to a lesser degree, Fairford, which would be likely to happen in advance of a sustained aerial bombardment campaign. The decision by the U.K., if the report is accurate, could be a primary reason why these movements haven’t occurred.

As we have frequently reported, Diego Garcia has long been a highly strategic operating location for the U.S. military. Beyond its large airfield that sits in the center of the Indian Ocean, it plays many roles for the Department of Defense, including hosting Space Force operations, serving as a key port for U.S. Navy vessels, including nuclear submarines, and its lagoon provides shelter for a Sealift Command Prepositioning Ship Squadron. 

The island outpost drew particular attention last year after an unusually large force of six B-2 Spirit stealth bombers began arriving in March in a clear show of force aimed primarily at Iran. This is precisely the type of deployment we would have expected to have occurred during the present crisis, but it has not. The B-2s subsequently conducted strikes on Iranian-backed Houthi militants in Yemen and were ultimately replaced by B-52 bombers.

RAF Fairford is the home of the only U.S. bomber forward operating location in the U.K., where American strategic aircraft are frequently forward deployed for Bomber Task Force missions. Major bomber operations have been staged out of the base in the past, including major strikes against Iraq.

Last June, when the U.S. launched the Operation Midnight Hammer attack on Iranian nuclear facilities, the B-2 bombers flew roundtrip from Whiteman Air Force Base in Missouri. However, that was a one-night operation. Trump is now considering what is likely to be a week’s long campaign against Iranian leadership, nuclear infrastructure, missile launch sites and associated industry, and other military installations and command and control nodes. 

It would be extremely helpful for the U.S. to use Diego Garcia, and possibly RAF Fairford, to stage, rearm and maintain the B-1, B-2 and B-52 bombers that could be used to strike Iran.

It is about 2,300 miles from Diego Garcia to the eastern border of Iran and about 2,500 miles from RAF Fairford to the western border. By contrast, Whiteman AFB, one of many bases in the U.S. housing strategic aircraft, is located about 6,500 miles from Iran’s western border. Having access to the two U.K. bases would allow the U.S. Air Force to increase the generation of bomber sorties, especially important in the opening of a campaign. It would also help reduce wear and tear on the aircraft and crews.

Though the U.S. has not deployed any bombers to Diego Garcia, we have been reporting that America is transiting scores of fighters, electronic warfare jets, radar planes, aerial refueling tankers and other aviation assets from RAF Mildenhall and RAF Lakenheath to that region. It is unclear if that will change if the fighting starts. Traditionally, these types of limitations are focused on actual combat sorties, not aircraft transiting through in order to get to another destination.

That being said, the U.S. does have other basing options, even for its sensitive B-2 Spirit bomber force. The Air Force has put a high priority on training to operate even these notoriously finicky jets out of unfamiliar and somewhat austere locations. Deployments to the Azores, Iceland and Wake Island, among others, are evidence of this. The B-52s and B-1s are even more flexible and have operated out of multiple allies’ airfields in recent years. But operating from a forward locale in a limited fashion is different than flying from an installation that is pre-equipped with all the amenities needed to keep sortie rates up during a conflict. Regardless, any other country would have to approve the use of bombers based on its soil to attack Iran.

A similar situation involving permission for the use of Diego Garcia took place shortly before Midnight Hammer. The U.K. government said it would have to sign off on the U.S. use of its Diego Garcia base in any bombing raid on Iran, The Guardian reported at the time. Britain was informed of the U.S. military strikes on Iran ahead of time, but did not receive any U.S. request for use of Diego Garcia for that mission, according to Reuters.

The impetus behind this latest move, according to The Times, is a dispute over control of Diego Garcia, which is part of the Chagos Islands. British Prime Minister Keir Starmer is pushing for a deal to seek a 99-year lease of the island from Mauritius, which claims rights to this chain. Trump, who has previously backed the plan, on Wednesday blasted it, widening a growing rift between the two allies over the issue.

“I have been telling Prime Minister Keir Starmer, of the United Kingdom, that Leases are no good when it comes to Countries, and that he is making a big mistake by entering a 100 Year Lease with whoever it is that is ‘claiming’ Right, Title, and Interest to Diego Garcia, strategically located in the Indian Ocean,” Trump proclaimed Wednesday on his Truth Social site. “Our relationship with the United Kingdom is a strong and powerful one, and it has been for many years, but Prime Minister Starmer is losing control of this important Island by claims of entities never known of before. In our opinion, they are fictitious in nature.”

In his Truth Social post, Trump pointed to the strategic importance of both Diego Garcia and RAF Fairford in any campaign against Iran.

“Should Iran decide not to make a Deal, it may be necessary for the United States to use Diego Garcia, and the Airfield located in Fairford, in order to eradicate a potential attack by a highly unstable and dangerous Regime — An attack that would potentially be made on the United Kingdom, as well as other friendly Countries,” the U.S. president posited. “Prime Minister Starmer should not lose control, for any reason, of Diego Garcia, by entering a tenuous, at best, 100 Year Lease. This land should not be taken away from the U.K. and, if it is allowed to be, it will be a blight on our Great Ally. We will always be ready, willing, and able to fight for the U.K., but they have to remain strong in the face of Wokeism, and other problems put before them. DO NOT GIVE AWAY DIEGO GARCIA!”

In its story on Thursday, The Times claimed that Trump pulled his support for Starmer’s lease deal after the U.K. refused to allow its bases to be used to strike Iran.

“The White House is drawing up detailed military plans for a strike against Iran involving the use of both Diego Garcia and RAF Fairford in Gloucestershire, which is home to America’s fleet of heavy bombers in Europe,” The Times stated. “Under the terms of long-standing agreements with Washington, these bases can only be used for military operations that have been agreed in advance with the government.”

The Times “understands that the UK is yet to give permission for the US to use the bases in the event that Trump orders a strike on Iran, owing to concerns that it would be a breach of international law which makes no distinction between a state carrying out the attack and those in support if the latter have ‘knowledge of the circumstances of the internationally wrongful act,’” the publication proffered. “The president spoke to the prime minister on Tuesday night, and the two men discussed Trump’s ultimatum to Iran over its nuclear program. The following day, Trump made his statement attacking the Chagos deal.”

The U.K. MoD Defense Ministry (MoD) declined to talk about operational details, but did declare its support for Trump’s push to keep nuclear weapons out of the hands of Iran.

“There is a political process ongoing between the US and Iran, which the UK supports,” the U.K. MoD told us in a statement. “Iran must never be able to develop a nuclear weapon, and our priority is security in the region.”

A White House official told us that “President Trump’s first instinct is always diplomacy, and he has been clear that the Iranian regime should make a deal. Of course, the President ultimately has all options at his disposal, and he demonstrated with Operation Midnight Hammer and Operation Absolute Resolve that he means what he says.”

We have reached out to the White House, the Pentagon, U.S. Central Command, U.S. IndoPacific Command and the U.K. Ministry of Defense for more details.

Despite the controversy over Diego Garcia, the U.S. buildup of forces continues unabated. For instance, just this morning, another flight of F-22 Raptor stealth fighters left Langley Air Force Base in Virginia, most likely bound for Mildenhall or Lakenheath. You can read more about the massive influx of forces to the Middle East in our story here.

Whether the U.K. will end up fully enforcing restrictions against the U.S. use of its bases in a kinetic operation against Iran, only time will tell. In the meantime, how this is impacting U.S. war planning isn’t clear, but if it sticks, it will certainly alter those plans and reduce the magnitude of U.S. bombers’ role in a conflict.

Contact the author: howard@thewarzone.com