Jake Charles @JacobDCharles Twitter profile

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Jake Charles

2 months

In more news about @ColumLRev , I’m thrilled to see my article with Darrell Miller ( @DukeLaw ) now out! We’re grateful for terrific comments from a host of folks & stellar editing from the journal editors during a hectic time.

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Jake Charles

@JacobDCharles

2 years

This is such a jaw-dropping line.

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Jake Charles

@JacobDCharles

2 years

Great, now that Twitter will no longer be a public company, the First Amendment won't even apply anymore.

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Jake Charles

@JacobDCharles

29 days

This is the galling thing—the justices in the majority have piously lectured for years about the illegitimacy & usurpation when judges don’t stick to the text & original meaning & then here just infer from vague structural arguments a vast shield for presidential criminality.

Scott Shapiro

@scottjshapiro

29 days

Supreme Court finds presidential immunity for official acts in the penumbras formed by emanations from constitutional guarantees that help give them life and substance.

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Jake Charles

@JacobDCharles

1 year

🚨 The 5th Circuit just said govt cant temporarily disarm a person found to pose a threat to another & subject to a DV restraining order. It strains analogies to discard past laws disarming dangerous folks, but this is the key: the founders didnt care abt DV, so modern laws cant.

Jake Charles

@JacobDCharles

1 year

Looks like we're going to get a new Supreme Court ruling on the Second Amendment sooner rather than later because this new Fifth Circuit ruling strikes down the federal law prohibiting firearm possession by those subject to DV restraining orders.

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Jake Charles

@JacobDCharles

1 month

Interpreting legal texts is difficult. Here 8 justices disagree with the author about what a text written 2 year ago means, which 5 of them joined in full at the time. Makes you really skeptical about the claims of determinacy & easy answers in texts written 240 years ago.

Alan Mygatt-Tauber - @amtappeals.bsky.social

@AMTAppeals

1 month

Shorter Rahimi: Court: This is what Bruen meant. Bruen’s author: No it isn’t.

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Jake Charles

@JacobDCharles

11 months

Worth amplifying this point. According to US Sentencing Commission data, it looks like fewer than 350 people nationwide were sentenced for violating 922(g)(3) in 2021.

Renato Mariotti

@renato_mariotti

11 months

It is very unlikely that Hunter Biden would be charged with any of these crimes if his last name wasn’t Biden. Charges for possessing a firearm while under the influence of narcotics are rarely brought. False statement charges in this context are also rare.

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Jake Charles

@JacobDCharles

2 years

WILD. 🚨WDTX says the 2A forbids disarming those subject to DV restraining orders: "glaringly absent from the historical record—from colonial times until 1994—are consistent examples of the govt removing firearms from someone accused (or even convicted) of domestic violence."😬

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Jake Charles

@JacobDCharles

1 month

🚨🚨 In HUGE news, the Supreme Court has *upheld* the federal law barring individuals under domestic violence restraining orders from having guns against Second Amendment challenge. The case may unsettle the Court's prior Bruen decision. Thread 🧵

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Jake Charles

@JacobDCharles

2 years

I've become pretty cynical about courts in constitutional cases, but even I didn't see courts leaping to so quickly say domestic abusers can't be disarmed because the founders didn't do it.

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Jake Charles

@JacobDCharles

1 year

Looks like we're going to get a new Supreme Court ruling on the Second Amendment sooner rather than later because this new Fifth Circuit ruling strikes down the federal law prohibiting firearm possession by those subject to DV restraining orders.

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Jake Charles

@JacobDCharles

2 years

Well, Bruen continues to generate head-scratching decisions in the lower courts. The latest is from a West Virginia federal court, holding unconst'l the federal law prohibiting possession of a firearm with a "removed, obliterated, or altered" serial number.

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Jake Charles

@JacobDCharles

1 year

Couldn’t agree more with @jbouie . The test makes no sense on its own terms, a central theme of my extended argument here:

b-boy bouiebaisse

@jbouie

1 year

find it necessary to reiterate again and again how braindead this reasoning is. “oh this regulation didn’t exist in a fundamentally different society than your own so hey i guess it is unconstitutional!”

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Jake Charles

@JacobDCharles

1 month

The fact that Rahimi was a unanimous three-judge ruling in the 5th Circuit and a complete 8-1 evisceration at the (already very conservative!) Supreme Court is just a further indication of how extreme that circuit has become.

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Jake Charles

@JacobDCharles

1 year

This is...absolutely bonkers....the court faults the modern law for being TOO TAILORED TO THE PROBLEM & therefore not supported by a historical law that disarmed based on group identity. No doubt the court would've dismissed the law on the opposite grounds if it were reversed.

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Jake Charles

@JacobDCharles

1 year

🚨 Acting on a "a highly expedited schedule," DOJ has asked the Supreme Court to review the Fifth Circuit's ruling in US v. Rahimi that invalidated the federal law barring those under domestic violence restraining orders from possessing guns. 🚨 Petition:

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Jake Charles

@JacobDCharles

8 months

This fiery concurrence on originalism from Hawaii Sup Court Justice Eddins reads like it could have been written by @espinsegall . It’s a personal jurisdiction case in which the concurrence bemoans how originalism is swallowing jurisprudence, even here.

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Jake Charles

@JacobDCharles

5 months

NEW: Pa Supreme Court rejects 2nd Amendment challenge to local zoning ordinance that prohibits residential shooting ranges. It concludes with another plea to SCOTUS to clean up the mess it created in Bruen.

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Jake Charles

@JacobDCharles

2 years

To put Bruen in context, we've now had about as many decisions striking down laws on Second Amendment grounds in the *3 months* since Bruen as we had in the nation as a whole in the *60 years* preceding Heller, according to research from @adamwinkler in 2006.

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Jake Charles

@JacobDCharles

2 years

Don't worry, the court's analysis has to be right b/c Blackstone assured us that beating your wife is a private activity that lies "outside the law's legitimate domain." And for some reason--who really knows why--the founders too didn't consider abusers a threat to public safety.

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Jake Charles

@JacobDCharles

3 years

I'm really excited to be joining Pepperdine Law ( @PeppLaw ) next fall as an associate professor of law! I can't wait to meet all the new students I'll get to teach & colleagues I'll get to learn from. I'll sorely miss the @DukeLaw community, but I'm so grateful for my time here.

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Jake Charles

@JacobDCharles

2 years

Yes I would please like this house that comes with the complete F.3d

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Jake Charles

@JacobDCharles

2 years

I do not understand how people write in 30 minute segments they find throughout the day. I need to block off like a solid 3-4 hours to get into the right headspace & flow to write anything decent. Is the other way an acquired skill??

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Jake Charles

@JacobDCharles

2 years

Reminder that mass shootings often do lead to legislation, just not in the direction many people expect. Maybe this time will be different, but who knows.

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Jake Charles

@JacobDCharles

11 months

Before Bruen, gun-rights proponents complained the 2A was treated as “second class” & said the 2A should be treated similarly to free speech. Bruen did them one better—speech can be restricted by a law narrowly tailored to compelling interests. The 2A can’t; it’s now paramount.

Eric Segall

@espinsegall

11 months

The biggest disaster in con law today, there are many, is the false equivalence b/w free speech and the “right” to own guns. Democracy cannot survive without free speech but democracy can thrive without gun rights. Many societies recognize self-defense rights w/o AR-15 rights.

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Jake Charles

@JacobDCharles

7 months

🚨🚨BIG: Fed court blocks most of CA's new sensitive place law. It says the 2nd Am doesn't allow keeping guns out of hospitals, playgrounds(!), banks(!), zoos, libraries & more OR parking lots at airports, police stations, nuclear sites(!) & more.

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Jake Charles

@JacobDCharles

11 months

Here’s the thing. In my view, this is extreme & hard to reconcile with Bruen. But historically, this kind of thing *wasn’t* as extreme or viewed as automatically off limits. Wild West towns like Tombstone AZ & Dodge City KS banned gun carrying in cities to stop the violence.

Governor Michelle Lujan Grisham

@GovMLG

11 months

Today I issued a 30-day ban on the open & concealed carrying of guns in Albuquerque and Bernalillo County. Gun violence is killing between 2 and 3 children every month in NM - every single one of these deaths is unconscionable and they must stop.

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Jake Charles

@JacobDCharles

2 years

Not the most inaccurate or offensive thing about this post—or even this particular sentence—but this claim about crime by NRA members is just blatantly false. For one prominent counter-example to the claim, see this:

Volokh Conspiracy

@VolokhC

2 years

[David Kopel] A response to the latest vilification campaign against the NRA

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Jake Charles

@JacobDCharles

2 years

🚨 We have the 1st fed appellate precedent on the 2nd Am post Bruen. The 3d Cir. says barring felons from having guns is const'l, even nonviolent ones, b/c tradition = "certain individuals were untrustworthy parties to the nation’s social compact." Op:

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Jake Charles

@JacobDCharles

1 year

I'll believe that AI threatens lawyers when I can type "Dobbs" into Westlaw and have the obvious case I'm searching for show up somewhere in the top results instead of rando 7th Circuit cases from a quarter century ago.

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Jake Charles

@JacobDCharles

9 days

A person’s decision not to try to do a job for the next 4.5 years raises the question of how he can still do it for the next 0.5 years. See how it sounds when you spell it out?

Jonathan Turley

@JonathanTurley

9 days

The decision of Joe Biden to withdraw from his reelection bid raises the obvious question of how he can continue as president if he is incapable of running for that office. The Democratic Party seems to have created its own 25th Amendment, but ...

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Jake Charles

@JacobDCharles

1 month

This is the thing about the bump stock case. There seems to be no real dispute that the Congress that wrote the 1934 law sought to capture everything that qualifies as a machine gun in the definition. The majority doesn’t explain why that counts for precisely nil.

Jake Charles

@JacobDCharles

1 month

the definition he proposed was designed to distinguish a machine gun from an “ordinary repeating rifle.” One legislator chimed in: look all we want to know is will this def’n capture the weapons we really care about? Yes, he said. Then let’s move, the legislator replied.

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Jake Charles

@JacobDCharles

2 months

This can’t be right. From the fact that partisan gerrymandering is not justiciable, the majority says states can *thus* do it w/out violating the Const’n. Seems to equate the possibility of a judicial remedy for a violation w the violation itself.

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Jake Charles

@JacobDCharles

2 years

If you repeal the Second Amendment, here’s what remains: ~45 state constitutions protect gun rights ~45 states preempt local gun regs 25 states eliminated the req to even get a permit to carry concealed. The politics & culture are determinative, not the Constitution.

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Jake Charles

@JacobDCharles

1 year

NEW: In mammoth (sized) opinion, with a 3 page table of contents, fed court strikes down portions of New Jersey's post-Bruen law on Second Amendment grounds.

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Jake Charles

@JacobDCharles

20 days

Yes, it’s famously illegal to defend yourself or others in every other country on earth with no Second Amendment. The stubbornly noxious conflation of self-defense & gun rights continues apace.

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Jake Charles

@JacobDCharles

6 months

NEW: A federal court last week declared that CA's law requiring background checks for ammunition purchases violates the Second Amendment. No matter their merits, Bruen's historical test makes innovative approaches to gun regulation impossible.

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Jake Charles

@JacobDCharles

2 years

SCOTUS may require nationwide shall issue concealed carry permits this year & it’ll already find itself far behind. The next battle will be over permits themselves & this trend will no doubt be cited in support of its scrapping the whole thing.

Stephen Gutowski

@StephenGutowski

2 years

It seems much more likely than not we'll have 25 states with permitless gun-carry by the end of this year.

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Jake Charles

@JacobDCharles

11 months

Beyond thrilled that my & Darrell Miller's new piece is forthcoming in the @ColumLRev ! We look at recent expansions in state laws authorizing private violence, frame these as a new kind of outlawry & then leverage that frame to unpack other doctrines. Abstract 👇& SSRN soon!

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Jake Charles

@JacobDCharles

2 years

This is the best parenthetical 😂

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Jake Charles

@JacobDCharles

3 years

I’m seeing lots of comments suggesting this is the equivalent of SB8. I don’t see it that way. Every federal courts of appeals to address the question has upheld an assault weapon ban. This isn’t—unlike SB8—a direct attack on Heller’s central holding.

California Governor

@CAgovernor

3 years

If states can shield their laws from review by federal courts, then CA will use that authority to help protect lives. We will work to create the ability for private citizens to sue anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in CA.

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Jake Charles

@JacobDCharles

3 months

As terrible as some congresspeople are (cough MTG cough) at least they aren’t surprised at criticism & don’t try to demand unhesitating fealty. Govt officials are rightly scrutinized & that includes Supreme Court justices.

Jane Mayer

@JaneMayerNYer

3 months

Justice Thomas calls Washington a ‘hideous place’ & complains about criticism of his gift taking

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Jake Charles

@JacobDCharles

1 year

Welp another law generates diametrically opposed district court ops. This one strikes down; two prior IL fed courts upheld (which this court doesn’t even mention??). Bruen as Rorschach Test. It can lead a judge anywhere she wants, but certainly ain’t leading to predictability.

Mike Sacks

@MikeSacksEsq

1 year

Trump appointee blocks Illinois’s new assault weapons ban… ….and Illinois has appealed to the 7th Circuit

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Jake Charles

@JacobDCharles

1 year

Elated that my article on Bruen & its aftermath will be published in the @DukeLawJournal ! I could not be more excited to work w/ these incredible editors. The Article explores the decision, its premises & implications for const'l theory & doctrine. SSRN:

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Jake Charles

@JacobDCharles

14 days

🚨HUGE: In the first fed appellate merits decision post-Rahimi, the 8th Cir says the 2nd Am doesn't let a state limit public handgun carrying to those over 21 years old. To me, it seems to follow the playbook of the solo Rahimi dissent, not majority.

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Jake Charles

@JacobDCharles

1 year

NEW: A California intermediate appellate court upholds the state’s assault weapons ban post-Bruen, holding that such weapons aren’t protected “arms” under the Second Amendment.

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Jake Charles

@JacobDCharles

1 year

The subhed here is perfect: "If judges are going to use history as their guide, they should probably try to get the history right." I don't know this area, but it is alarming the selective history I see from courts in the area I do know.

Clarence Thomas Went After My Work. His Criticisms Reveal a Disturbing Fact About Originalism.

If judges are going to use history as their guide, they should probably try to get the history right.

slate.com

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Jake Charles

@JacobDCharles

8 months

Searing comments about the trouble of the Supreme Court’s 2nd Am cases from Judge Jed Rakoff, lamenting that the justices “seem oblivious to the predictable consequence of their extreme interpretation of the Second Amendment.”

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Jake Charles

@JacobDCharles

1 year

This is a really bad take on at least two levels. 1) as history shows, the 2d Am has always accommodated both gun rights & gun regs. It’s facile & wrong to suggest the 2A blocks all gun laws. 2) many states are newly enacting gun regs bc voters are now demanding it; in fact,

Megyn Kelly

@megynkelly

1 year

Serious q for gun control advocates: you’ve failed to effect change. Pls face it. You can’t do it, thx to the 2A. We’re all well aware you don’t like that fact, but fact it is. What’s next? Must we just stay here sad, concerned, lamenting? Could we possibly talk OTHER SOLUTIONS?

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Jake Charles

@JacobDCharles

1 year

The court notes that this (temporary) disarmament happens after a civil proceeding, but the emphasis there feels a bit off to me given all the other rights/interests that can be taken away after a civil process (like, e.g., involuntary commitment, which seems more intrusive).

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Jake Charles

@JacobDCharles

11 months

Really important story on really important work! Bruen makes history the touchstone of 2nd Am cases & there are *vast* amounts of history about gun laws still to unearth. Was glad to offer some thoughts on how (& whether) this kind of work will make an impact in court.

Mark Joseph Stern

@mjs_DC

11 months

A small but growing army of volunteers is poring over archives to find laws from the 18th and 19th centuries that demonstrate a long historical tradition of strict gun regulations. One year into this work, they're already proving the Supreme Court wrong.

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Jake Charles

@JacobDCharles

1 month

NEW: In the continuing saga over whether Congress & the ATF or federal judges will control US gun policy, Judge Kacsmaryk enjoins ATF's new rule fleshing out when gun sellers have to become federally licensed & perform background checks.

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Jake Charles

@JacobDCharles

2 years

Just gonna throw out there that if all the talk about respecting and upholding the Constitution were sincere, there shouldn’t be these kinds of fights over the debt ceiling.

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Jake Charles

@JacobDCharles

3 years

Some fascinating results on what the public thinks would reduce violent crime

ABC News

@ABC

3 years

MORE: A sweeping 75% say violent crime would be reduced by increasing funding to build economic opportunities in poor communities. 65% say the same about using social workers to help police defuse situations with people having emotional problems.

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Jake Charles

@JacobDCharles

2 years

I count at least 8 big post-Bruen lower ct decisions striking laws on 2nd Am grounds. Bruen's monumentally disruptive. 🚫CO asslt weap bans x 2 🚫NY sens place ban (airports, etc) 🚫NY church ban 🚫DE ghost guns 🚫TX <21 carry 🚫Fed felony indictment 🚫Fed obliterated serial #

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Jake Charles

@JacobDCharles

1 year

Excited that my next article, Firearms Carceralism, found a home in @MinnesotaLawRev ! It critiques how the primary response to gun violence centers increasingly punitive policing, prosecution & prison time—& spotlights promising non-carceral paths. Abstract 👇 + on @SSRN soon.

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Jake Charles

@JacobDCharles

2 months

Hunter has a plausible Second Amendment claim for the unlawful possession count, given that some other courts (5th Circuit ofc) have said that law is unconst'l in some settings. But the charges for lying in the process aren't gonna be ruled unconst'l.

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Jake Charles

@JacobDCharles

11 months

Well this was a surprising but quite delightful way to start out the first faculty meeting of the semester. 🙏 to & for my @PeppLaw colleagues.

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Jake Charles

@JacobDCharles

6 months

This is a no good, very bad take. Inferior courts are bound by US Supreme Court precedent—as this court recognizes & applies—but lower courts, esp state supreme courts, don’t have to pretend SCOTUS logic is unassailable & don’t have to read their own const’l provision in lockstep

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Jake Charles

@JacobDCharles

1 month

@Thepeoplesfool Congress did act and it also expressly gave ATF authority to issue implementing regulations.

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Jake Charles

@JacobDCharles

1 year

Wow! Last week, Trump-appointed Judge Immergut upheld Oregon's new large capacity magazine (LCM) ban & permit-to-purchase law agnst 2nd Amendment challenge after a week-long bench trial in a 122-page(!) opinion. It is incredibly thorough. Follow along 🧵

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Jake Charles

@JacobDCharles

1 year

Have we tried unplugging the Supreme Court and plugging it back in?

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Jake Charles

@JacobDCharles

2 years

@johnbryanesq Ah yes, the old rule that makes perfect sense that says if some activity went unregulated in 1791, the Constitution forbids its regulation today. &

Jake Charles

@JacobDCharles

2 years

@daniel_b_rice The judge, btw, is Joseph Goodwin, a Clinton appointee

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Jake Charles

@JacobDCharles

3 years

Having now read the 127-page majority opinion, it is a *huge* deal. I'll be blogging about this soon, but it represents the most thorough historical exploration of English & American experience in an opinion & concludes states have robust regulatory authority over public carry.

Jake Charles

@JacobDCharles

3 years

As SCOTUS prepares to consider this Friday a cert petition concerning publicly carrying firearms, today the Ninth Circuit en banc upheld carry regimes that require a showing of special need to get a license. Below are snippets from the summary.

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Jake Charles

@JacobDCharles

2 years

This extraordinary statement abt Bruen is spot-on. The problem isn't just that courts need to now look exclusively to history, it's also that they need to get into the mindset of 18th century "white, wealthy, and male property owners" to kno what's OK now.

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Jake Charles

@JacobDCharles

1 year

The Court's discussion about how to understand who's protected as part of "the people" is an interesting one.

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Jake Charles

@JacobDCharles

25 days

NEW: After Rahimi, Judge Carlton Reeves in has held that it violates the Second Am to bar (at least some) undocumented immigrants from possessing guns, writing that doing so is inconsistent w/ historical principles. US v Munoz Benito, 2024 WL 3296944 (S.D. Miss. July 3, 2024)

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Jake Charles

@JacobDCharles

1 year

Only one other court of appeals has issued a published decision on the 2nd Am post-Bruen, and that decision was vacated when the court took it en banc. This one will likely have broad impact.

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Jake Charles

@JacobDCharles

1 year

NEW 🚨: First district court decision striking down the felon-in-possession ban. (The 3rd Circuit did previously en banc.) After scathing critiques of Bruen & SCOTUS's law-office history, the court declares the govt's defense insufficient. h/t @mjs_DC

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Jake Charles

@JacobDCharles

1 year

Judge Ho, about the opinion saying the founders didn't disarm domestic abusers so neither can we: "It recognizes the absence of relevant historical analogues required to support the Government's position in this case. I am pleased to concur." The word "pleased" just...

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Jake Charles

@JacobDCharles

1 year

Add another to the pile of laws laid waste by Bruen. Today, a district court struck down MN’s requirement that a person be 21 to get a handgun carry permit, ruling that the Second Amendment forbids this kind of age restriction. (h/t @DruStevenson )

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Jake Charles

@JacobDCharles

4 years

Thought-provoking essay by historian Saul Cornell in today's @washingtonpost . Agree with his conclusions or not, they are worth taking seriously. Saul is one of the nation's foremost experts on the history of the Second Amendment.

Perspective | What today’s Second Amendment activists forget: The right to not bear arms

As militias gather and march, they exercise a super-sized version of a right invented by gun advocates, not the Founders.

www.washingtonpost.com

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Jake Charles

@JacobDCharles

3 years

I am beyond thrilled that my new article on gun rights outside the Constitution will be published in the @michlawreview ! The article's abstract is below. (The piece will eventually make its way to SSRN, and I'll be grateful for any comments once it does!)

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Jake Charles

@JacobDCharles

2 years

This isn't the first time the decision says this, but it underscores that the justices are fine working off incomplete history & that a case could be decided on false historical conclusions if the parties don't meet their burden of showing the right history.

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Jake Charles

@JacobDCharles

1 month

The Rahimi justices disagreed on Bruen's meaning. As I write, that "should give us serious pause about the soundness of an interpretive method that turns on the ability of judges to locate the fixed meanings of documents drafted a quarter millennium ago."

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Jake Charles

@JacobDCharles

2 years

Bruen is transformative. Striking down good-cause laws has wide impact, but the effects of mandating a history-only method can’t be overstated. It’s a test no court of appeals has ever applied, so there’s no track record of how it will even work. What’s worse, the Court adopted

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Jake Charles

@JacobDCharles

23 days

Man the more you read abt founding era understandings of rights, the more it feels like we get the worst of all worlds w contemporary originalist judging: use history to frame a broad right but use modern tools/views of judicial review to give judges vast powers of invalidation.

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Jake Charles

@JacobDCharles

4 months

Listening to the oral arguments in the assault weapons case now….and I believe I just heard the challengers’ counsel agree that if “tactical nuclear weapons”(!!) became commonly possessed, govt couldn’t ban them! Heller’s common use notion is an illogical mess.

Jake Charles

@JacobDCharles

4 months

That’s right folks, the 4th Circuit is hearing **three** Second Amendment cases en banc just this week: assault weapons, carry licensing & guns w obliterated serial #s . When I clerked there we had only 1-2 en bancs per *year*. With Berner, the court is now 9-6 D-appointed judges.

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Jake Charles

@JacobDCharles

1 year

Justice Alito when the case comes up to the Court...

Jake Charles

@JacobDCharles

1 year

Okay let’s drill down into the 5th Cir op striking down the fed law barring gun possession for unlawful drug users. It’s more nuanced & defensible than Rahimi & indicates clearly the stakes of Bruen’s test, under which many more gun regs are vulnerable.

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Jake Charles

@JacobDCharles

2 years

🚨🚨 Today, the Supreme Court decided its Second Amendment case, striking down New York's strict concealed carry law & establishing the right of law-abiding Americans to carry a loaded gun in public w/out any showing of special need. 🚨🚨 Op:

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Jake Charles

@JacobDCharles

2 years

I remember the dread upon publishing my first law review article, waiting for flaws to be pointed out as if it was a brief the opposing side had to dismantle. Then I discovered actually it just doesn’t get read.

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Jake Charles

@JacobDCharles

2 years

Finally got the link to the opinion:

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Jake Charles

@JacobDCharles

1 month

@Thepeoplesfool Sigh. No one, and I mean no one, is claiming they did. They did grant ATF rule making power and ATF issued a rule after notice and comment. (It’s not hard to spend just a few minutes understanding what this case is about before commenting.)

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Jake Charles

@JacobDCharles

1 year

26 states now have no permit req for concealed carry. The deregulation has been startlingly quick. In 1986, 1 state had no permit req, 16 *banned* concealed carry & 25 had may-issue laws like Bruen invalidated Till 2010, only *2 states* had no permit req

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Jake Charles

@JacobDCharles

1 year

@EJAllstonEsq @DrSinhaEsq WHY DO YOU HATE THE CONSTITUTION ELISABETH!?

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Jake Charles

@JacobDCharles

5 months

Same judge who recently ruled that the Second Amendment requires the govt to allow guns in banks, on playgrounds, at zoos, in prison parking lots & many more places in the case I wrote about for Slate

The Federal Judicial Ruling That Would Put Guns on California Playgrounds

If this ruling stands, we will indeed live in more dangerous times.

slate.com

Meghann Cuniff

@meghanncuniff

5 months

Just in: White supremacist Robert Rundo will be released from jail after a federal judge dismissed all criminal charges over violence at pro-Trump rallies. Judge Cormac Carney believes Rundo was selectively prosecuted instead of "members of Antifa and related far-left groups."

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Jake Charles

@JacobDCharles

2 months

It’s certainly not the biggest deal about Columbia Law Review going offline, but my paper was also in the issue that was temporarily published & now can’t be read. I kno how hard the editors worked on our piece, even during campus unrest & I expect they brought that determination

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Jake Charles

@JacobDCharles

1 year

The court reads the Bruen test the same way many of us had - as in reality a two-part test, even though SCOTUS had suggested it's only one step.

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Jake Charles

@JacobDCharles

9 months

Listened to the Rahimi args again & it is just astonishing how good SG Prelogar is. But she did almost too good a job, in my view, at taming Bruen. That's what she has to do w this Court, but she recharacterized all the very fair criticism of Bruen as *misreadings* of Bruen.

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Jake Charles

@JacobDCharles

2 years

Have to continually pinch myself that this is my office view. Best job in the world with the best view in the world.

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Jake Charles

@JacobDCharles

2 months

It’s now unlawful for Donald Trump to possession firearms under federal law. But this law has been challenged on 2nd Amendment grounds as applied to nonviolent convictions. Surprisingly, Joe Biden’s son and now his opponent both have 2nd Am args related to federal prohibitions.

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Jake Charles

@JacobDCharles

1 month

Had a similar thought. In Cargill (re bump stocks), the majority refused to read the statute w its purpose to ban rapid fire. Here, it reads the statute “in light of the history of the provision” & what the law “was designed by Congress to capture.” Sure seems like some tension.

Kermit Roosevelt

@kroosevelt93

1 month

Fischer isn’t very textualist, is it? Lots of legislative history and what problem Congress was trying to solve…

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Jake Charles

@JacobDCharles

3 months

NEW: The 5th Cir has for once *upheld* a fed law challenged on Second Amendment grounds post-Bruen. It holds that enhanced background checks for 18-20 year olds as part of the recent Bipartisan Safer Communities Act are const'l.

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Jake Charles

@JacobDCharles

1 month

Roberts' opinion for the Court announces a principle about what history shows wrt to disarmament: "our Nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms." That could be used in other cases now.

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Jake Charles

@JacobDCharles

2 years

I gotta say, @JRakove 's brutal assessment of the use of history in 2nd Am scholarship from nearly a quarter century ago still rings true today & unfortunately Bruen promises to foster even greater resort to & reliance on incomplete, adversarial history.

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Jake Charles

@JacobDCharles

1 year

Note - Hunter Biden’s 922(g)(3) charge would have to be dismissed under this ruling.

Jake Charles

@JacobDCharles

1 year

5th Cir is at it again. Becoming the first court of appeals to declare *two* different federal laws invalid under the 2nd Am post-Bruen. It’s first case (Rahimi) is under review at the Supreme Court. This case voids the fed law barring unlawful drug users from possessing guns.

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Jake Charles

@JacobDCharles

1 year

Was reading @steve_vladeck ’s Shadow Docket on the flight & it’s so good I couldn’t set it down the whole time. Unfortunately, I set it down at some point while deplaning & now the next Southwest passengers will get to enjoy a riveting legal book. 🤦‍♂️

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Jake Charles

@JacobDCharles

1 year

There wasn’t a single successful Second Amendment challenge in the 6 months after Heller. In my research, I found *31* successful claims in the 8 months since Bruen.

Jake Charles

@JacobDCharles

1 year

B/c some of these decisions included multiple different claims, I broke out the #s and success rates by claims themselves. Here, 31 claims prevailed out of 212 total claims adjudicated. (See the paper, pp. 45-48, for classification details & caveats.)

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Jake Charles

@JacobDCharles

11 months

Teaching Bruen today. Seems like it should be embarrassing that 5 justices would sign on to an opinion w/ so many obvious probs. Like, how can you say this with a straight face & then apply means-end scrutiny in a free speech case next week? You're ok acting illegitimately there?

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Jake Charles

@JacobDCharles

1 year

Remarkably, the court rejects as analogous 3 laws enacted during Reconstruction--right around the time of the 14th Am's incorporation of the 2A--for...reasons...

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Jake Charles

@JacobDCharles

2 years

🧵 I just posted my latest draft to @SSRN , an article that pulls at the strings from the Court's most recent Second Amendment decision last June. Comments v much welcome! In the piece, I try to do 3 things: (1) explain & criticize the new Bruen test ...

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