Kevin Schascheck
@kevinschascheck.bsky.social
Assistant Professor at the University of South Carolina Law. I write about the Second Amendment. Views are my own. 🏳️🌈
Another exciting @msmith750.bsky.social piece!
Michael Smith@msmith750.bsky.social · yesterdayMy latest essay, "Common Sense and Candor in Rahimi and Beyond," is finally posted! It will be part of the symposium issue of the Cardozo Law Review for their 2026 symposium: "Umpires or Pinch Hitters? Twenty Years of the Roberts Court and American Democracy." papers.ssrn.com/sol3/papers....
Career pardon attorney Liz Oyer declined to recommend letting a convicted domestic abuser and friend of President Trump buy guns again. Todd Blanche fired her for it. https://www.youtube.com/shorts/VqlvuC0sqmA
1/3 About halfway through this and I broadly agree with the point that Bruen could be used by a future Court to uphold (as much as strike down) firearm regulations. I think there’s a lot to dislike about Bruen for conservatives and liberals.
Kevin Schascheck@kevinschascheck.bsky.social · 2d agoSaving for later
I forgot to get any pictures but we just had a fantastic discussion about the most recent Second Amendment cases & what to expect from the assault weapons case next Term with @kevinschascheck.bsky.social @msmith750.bsky.social @slukemorgan.bsky.social & many others at #SEALS2026
Thanks to @jacobdcharles.bsky.social for organizing our SEALS Second Amendment roundtable discussion. Lots of agreement about the flaws in the Bruen test, but folks were split down the middle on how much Wolford and Hemani (the Cout’s most recent 2A cases) change the Bruen test.
🚨 HUGE: The 3rd Cir creates a circuit split, becoming the first CoA to rule that assault weapon & large capacity magazine bans violate the Second Amendment. I haven’t had time to read it thru yet but the Supreme Court is set to hear this issue next Term. www2.ca3.uscourts.gov/opinarch/242...
www2.ca3.uscourts.gov
need to start thinking now about a full package of judicial reforms: new justices, new circuits, new district courts, ethics reforms, docket reforms, and transparency reforms.
A look at the AR-15 cases to be argued next term. Plus, denial of cert in the pending age restrictions cases. firearmslaw.duke.edu/2026/06/cert...
Cert Alert: SCOTUS Grants Certiorari in AR-15 Ban Cases | Duke Center for Firearms Law
This morning, the Court granted certiorari in two cases challenging AR-15 bans, Viramontes v. Cook County, Illinois and Grant v. Higgins. In Viramontes, petitioners challenge the constitutionality of ...
firearmslaw.duke.edu
At any rate, the 4 justices willing to nullify a clear and vital constitutional principle are unfit to serve on the Court. They should be impeached and removed.
Last week, the Center co-hosted its 7th (!) annual Work-in-Progress conference with scholars across the country, including @jacobdcharles.bsky.social, @gowder.io, @coreyryung.bsky.social, @meganwalshgvp.bsky.social and many others! Thanks to our attendees for their illuminating discussions.
I had a great time at the annual Firearms WIP and enjoyed sharing my new draft on the unintended consequences of imposing guardrails on originalism. Shout-out to Hayley Lawrence of the Duke CFL for coordinating such a great conference!
Duke Center for Firearms Law@dukefirearmslaw.bsky.social · 2mo agoLast week, the Center co-hosted its 7th (!) annual Work-in-Progress conference with scholars across the country, including @jacobdcharles.bsky.social, @gowder.io, @coreyryung.bsky.social, @meganwalshgvp.bsky.social and many others! Thanks to our attendees for their illuminating discussions.
folks, the idea is out there. Virginia Democrats are talking about it. this could happen. gift link to the NYT: www.nytimes.com/2026/05/10/u...
Quinn Yeargain@yeargain.bsky.social · 3mo agothis is the closest I've ever come to actually suggesting a "one neat trick" suggestion for anything, but I'm so serious here. the Virginia Constitution gives the legislature the power to set retirement ages for judges "REGARDLESS OF THE TERM TO WHICH ELECTED OR APPOINTED." make it 54 right now.
As profs are lining up courses & casebooks for next year, I want to plug again the Second Amendment casebook that I & Blocher Madeira & Miller wrote. 📖👇 2A Law is an increasingly impt area of conlaw & today's law students show tons of interest in the topic. faculty.westacademic.com/Book/Detail?...
Blocher, Charles, Madeira, and Miller's The Second Amendment: Gun Rights and Regulation University Casebook Series 9781636599748 Joseph Blocher | Jacob D. Charles | Jody L. Madeira | Darrell A. H. Mi...
faculty.westacademic.com: Blocher, Charles, Madeira, and Miller's The Second Amendment: Gun Rights and Regulation: The book is designed to meet a substantial demand among academics and law students f...
faculty.westacademic.com
First published in June 2023, today’s anniversary re-post is part 1 of our foundational, 12-part series — a detailed description of the gun lobby’s decades-long campaign to create the defensive gun use myth, and our goal to expose and fight back against it.
AWR 3rd Anniversary - The Defensive Gun Use Lie and the Gun Lobby’s Firehose of Falsehood
How decades of shoddy research, lax academic oversight, marketing, and outright lies fatally warped America’s gun culture
open.substack.com
Last month, the D.C. Court of Appeals held that the District's ban on LCMs was unconstitutional under the "common use" test espoused in DC v. Heller. Read our analysis here: firearmslaw.duke.edu/2026/04/d-c-...
D.C. Court of Appeals holds that D.C.’s ban on LCMs is unconstitutional | Duke Center for Firearms Law
firearmslaw.duke.edu
The Supreme Court's "conversion therapy" decision today is indefensible on its own terms. A ton of medical regulations restrict speech on the basis of "viewpoint." Nobody thinks they're unconstitutional. This court just subjects pro-LGBTQ protections to special hostility. slate.com/news-and-pol...
Remember this from two months ago? Well, with herculean effort, we helped get those two gay men off the deportation flight to Iran, but they still remain locked in detention. Read more about what's happening now in their cases, and with other Iranians facing deportation. time.com/article/2026...
The Iranians Stuck Between ICE Detention and Deportation to War-Torn Homeland
An Iranian gay couple seeking asylum in the U.S. now faces deportation back to Iran as immigration policies tighten and deportation flights resume despite fears of persecution and death.
time.com
Aaron Reichlin-Melnick@reichlinmelnick.bsky.social · 6mo agoMy org @immcouncil.org represents those two gay men. They had been arrested on charges of sodomy by Iranian moral police, and fled the country seeking asylum. They face the death penalty if returned, yet the Trump admin denied their asylum claims in a kangaroo court process. They are terrified.
Finally sat down and read @beaubaumann.bsky.social’s post. Perhaps, unsurprisingly, I don’t think there’s much light between what he writes here and what I think. bbaumann.substack.com/p/never-forg...
Never Forget the Game You're Playing
Birthright Citizenship and Constitutional Adjudication
bbaumann.substack.com
DC Court of Appeals decides the district’s ban on high capacity magazines violates the Second Amendment 👇
Martin Austermuhle@maustermuhle.bsky.social · 5mo agoThe court's entire ruling is here: www.dccourts.gov/sites/defaul... Now I'm curious if the D.C. Council decides to write a law banning magazines with a much larger number of bullets.
KBJ: maybe i dont understand how the tests work anymore [ed note - me neither!!]. you are saying we have to trust congress. benefit of preBruen test was we actually looked at the means-end fit of what govt was doing. that seems the key point--its all about fit here. H: i dont think means-end folded
Tomorrow marks eight years since my world was turned upside down. I hope you’ll read my most recent blog post.
What Has Changed—and What Hasn’t—Eight Years After School Gun Violence
Eight years after the Marjory Stoneman Douglas shooting, educator Sarah Lerner reflects on trauma, resilience and what it means to keep teaching in the aftermath of school gun violence. What has chang...
sharemylesson.com
Share My Lesson@sharemylesson.bsky.social · 6mo agoEight years after Marjory Stoneman Douglas, educator @mrslerner.bsky.social asks: What has changed? What hasn’t? A thoughtful reflection on trauma, resilience and the responsibility educators carry https://sharemylesson.com/blog/marjory-stoneman-douglas-eight-years-later 💙@aft.org
The JAMA Summit Report on Reducing Firearm Violence and Harms jamanetwork.com/journals/jam...
The JAMA Summit Report on Reducing Firearm Violence and Harms
This Special Communication discusses the JAMA Summit on Firearm Violence and provides an innovations roadmap to lead to substantial reductions in firearm violence, injuries, and harm in the US by 2040...
jamanetwork.com
The court here draws on 2nd Am case law to support this holding
Eric Segall@espinsegall.bsky.social · 6mo agoThis is interesting. Federal court finds a woman faced with serious harm from pregnancy but not death has a right to terminate the fetus not b/c abortion is a constitutional right but because of the ancient and well-recognized right to self-defense! Yes! storage.courtlistener.com/recap/gov.us...
Schascheck on Heller’s Second Amendment Exception and Bruen Kevin Schascheck II (Independent; Tulane University School of Law) has posted Second Amendment Exceptions on SSRN. Here is the abstract: The Second Amendment guarantees the individual right to keep and bear firearms. But that right has…
Schascheck on Heller’s Second Amendment Exception and Bruen
Kevin Schascheck II (Independent; Tulane University School of Law) has posted Second Amendment Exceptions on SSRN. Here is the abstract: The Second Amendment guarantees the individual right to keep and bear firearms. But that right has never been absolute. In Heller, the Supreme Court was careful to recognize certain exceptions to the right, which it labelled "presumptively lawful" categories of firearm regulations.
legaltheoryblog.com
Honestly this is one of the most profoundly *original* American sentiments, echoing everything that occupied Bostonians expressed in the pivotal mid-1770s.
The Jack of Kingfield@thejackofkingfield.bsky.social · 6mo agoMood in minneapolis right now
KBJ: concede there is no 2A right to carry into someone else's home, right? Petr. No [ed note: !!!!!!!]
