United States v. Hemani · ¶75

Those courts misread Scarborough. The Court has never held that § 922(g) is constitutional whenever the Scarborough test is satisfied. See Alderman, 562 U. S., at 1168 (opinion of Thomas, J.). Scarborough's holding “was statutory, not constitutional.” Seekins, 52 F. 4th, at 991 (opinion of Ho, J.); accord, Bonner, 159 F. 4th, at 342 (Willett, J., concurring); Brief for Firearms Policy Coalition as Amicus Curiae 13–14. Scarborough addressed only whether “Congress intended no more than a minimal nexus requirement” in its statutory requirement that the frearm in question was received, possessed, or transported “in commerce or affecting commerce.” 431 U. S., at 564, 577 (internal quotation marks omitted). It based its holding on the statute's “language” and “legislative history,” not constitutional law. Id., at 575. Scarborough cannot be taken, by this Court or the courts of appeals, as…

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