Lesson learned - next time I shall do it the right away and start with an oped laying out my conclusions before I dig in.
10.03.2026 01:26 β π 7 π 0 π¬ 1 π 0@jacobdcharles.bsky.social
Law prof, Pepperdine Law; Affiliated Scholar, Duke Center for Firearms Law. I write about constitutional law, especially the Second Amendment. Bio: https://t.co/yVUcs14NoK Papers: http://bit.ly/3HleQND
Lesson learned - next time I shall do it the right away and start with an oped laying out my conclusions before I dig in.
10.03.2026 01:26 β π 7 π 0 π¬ 1 π 0Funny you say that since thatβs about where Iβm at
10.03.2026 00:32 β π 2 π 0 π¬ 0 π 0I'm in that fun stage of a new project where, after a few months of excited research and idea sketching, I wonder whether the whole idea is so dumb it belongs in the trash.
10.03.2026 00:06 β π 24 π 0 π¬ 5 π 0Teaching Windsor & Obergefell tmw & it's nausea-inducing to read Scalia/Alito/Roberts/Thomas's overwrought handwringing about judicial despotism when it's stunningly obvious they have & happily do wield the iron scepter of judicial supremacy when they have the votes. Just hypocrisy all the way down.
09.03.2026 18:01 β π 107 π 31 π¬ 4 π 1Congratulations to the capitulating law firms for being a useful foil to those standing firm in the DOJβs very first footnote.
07.03.2026 05:05 β π 406 π 70 π¬ 7 π 2βοΈExcited to be in Arizona for the always-phenomenal annual constitutional law conference hosted by UofA.
06.03.2026 16:24 β π 11 π 0 π¬ 1 π 0DC Court of Appeals decides the districtβs ban on high capacity magazines violates the Second Amendment π
06.03.2026 15:24 β π 6 π 2 π¬ 1 π 1Just a mere 10oz of wine per glass
06.03.2026 05:03 β π 1 π 0 π¬ 0 π 0Looking forward to reading the article! But canβt it be the case that β in especially egregious situations like this β one can think that *both* the state and the parent bear responsibility for the harm?
06.03.2026 03:45 β π 0 π 0 π¬ 0 π 0Sorry for the spoiler but like this was the plot of Homeland that explained why the US marine saw his own country as the enemy
06.03.2026 03:32 β π 7 π 0 π¬ 0 π 0Feel like I hadnβt really seen a bona fide Second Amendment challenge to 18 USC 922(g)(2) yet, even tho just about all 8 other categories by which fed law prohibits gun possession are checked off my bingo card
06.03.2026 03:24 β π 4 π 0 π¬ 1 π 0According to Gorsuch, Jefferson called himself a moderate drinker because he only had 3-4 glasses of wine each evening, so I bet he woulda partook (partaken?)
06.03.2026 02:52 β π 34 π 2 π¬ 4 π 0Maybe that conventional wisdom is under-protecting important constitutional values!
06.03.2026 00:42 β π 2 π 0 π¬ 0 π 0Iβve definitely wondered (aloud, sometimes, with my vagueness expert colleague @joeljohnson13.bsky.social) about whether a particularly poorly-specified implementation test (cough, Bruen) might itself create notice problems.
06.03.2026 00:36 β π 10 π 1 π¬ 1 π 0Itβs a good thing sheβs out, but boy I hope we as a society donβt memory hole the vast damage sheβs directly (and indirectly) responsible for.
05.03.2026 19:45 β π 6 π 1 π¬ 0 π 0
For the evening crew, below are my tentative predictions for Hemaniβa loss for the government on these facts but perhaps a broader win for legislative power to regulate to secure public safety in the future
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@jacobdcharles.bsky.social shared his thoughts on how arguments went in Hemani and explained how, based on the justices' questions, the decision may come down.
firearmslaw.duke.edu/2026/03/brea...
If a majority endorses the 2 most impt propositions we advanced in our brief--that (1) history supports legislaturesβ power to make categorical determinations about danger & (2) those legislative determinations deserve judicial respect--that would bring a lot more coherence to these types of cases.
04.03.2026 19:05 β π 1 π 0 π¬ 0 π 1Despite fractures on outcome, I think there could be an important *standard* a majority of the justices do endorse for these types of challenges--of the kind we argued for in our amicus brief. To me, agreement on such a standard would be far more significant than votes for or against Hemani here.
04.03.2026 19:00 β π 2 π 0 π¬ 1 π 0
In the post, I break down what I saw as the main emphases in each of the justices' questioning. Then I hazard a guess at possible outcomes.
My entirely speculative prediction is 6-7 votes to vindicate the Second Amendment claim here. But it's not clear on what rationale all those 6-7 could agree.
NEW: I wrote up a short, breezy 3,700 word post for @dukefirearmslaw.bsky.social blog w/ reactions to the Supreme Court's oral arguments in US v. Hemani earlier this week.
I may be overly optimistic about getting some coherence in Second Amendment doctrine.
firearmslaw.duke.edu/2026/03/brea...
Finding it a strange time to be neck depth in readings about presidential powers for my next project (which is only tangentially related to such powers).
04.03.2026 16:52 β π 3 π 0 π¬ 0 π 0This is, like, a large margin
04.03.2026 05:02 β π 8 π 1 π¬ 0 π 0We won but it wonβt be correct until all nine justices recognize that
03.03.2026 17:44 β π 2 π 0 π¬ 0 π 0I guess this means Trump read the blog post arguing that he did, in fact, actually win the tariff's case.
03.03.2026 17:37 β π 1 π 0 π¬ 1 π 0
A major theme of yesterday's Hemani 2A arg: under Bruen can courts *ever* weigh the govt's leg judgment that certain groups (like drug users) are too dangerous to have guns. I've argued these assessments are inevitable even w/history-focused approaches...
www.wakeforestlawreview.com/wp-content/u...
What do Thomas Jeffersonβs drinking habits, stealing your spouseβs Ambien, and the date Heroin become illegal all have in common? They were all part of yesterdayβs Second Amendment insanity at the Supreme Court: www.dorfonlaw.org/2026/03/guns...
03.03.2026 13:17 β π 43 π 17 π¬ 2 π 5Yeah v true
02.03.2026 22:17 β π 1 π 0 π¬ 0 π 0Iβm thrilled that Georgia Stateβs College of Law is home to the Emmet J. Bondurant Center for Constitutional Law, Practice, and Democracy! As associate director, and @espinsegall.bsky.social as director, weβre taking GSU to new heights in the field of constitutional law. news.gsu.edu/2026/02/26/n...
02.03.2026 15:54 β π 131 π 18 π¬ 17 π 1I always knew the founding generation drank copious amounts of alcohol but like 16 ounces of whiskey a day is wild! Madison was downing like 8-12 old fashioneds for funsies.
02.03.2026 19:53 β π 6 π 0 π¬ 1 π 0