Second Amendment Roundup: Hawaii's Ban on Firearms on Property Open to the Public In Wolford, the Supreme Court should clarify the facial/as-applied issue. Reason · Jan 16
The As-Applied/Facial Fad Comes for the Equal Protection Clause Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause. Reason · Jan 15
Second Amendment Roundup: 4th Circuit Upholds Park Ban Under Salerno test, ban held not to be invalid in all circumstances. Reason · Sep 3, 2025
6 Cases That Paved the Road to Mass Incarceration In Justice Abandoned, a law professor argues that the Court got these key decisions wrong. Reason · Apr 21, 2025
Will Salerno Replace Chevron? Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was." Reason · Apr 4, 2025
VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit. Reason · Apr 1, 2025
Costs and Benefits of Due Process How should we weight the costs and benefits when we conduct due process balancing? Reason · Feb 12, 2025
The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances? Reason · Jun 27, 2024
The Three Trump Appointees In Rahimi Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism. Reason · Jun 25, 2024
Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go! In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained… Reason · Jun 25, 2024