NEW: 5th Cir. 2nd Am decision on the felon prohibitor shows the problems w/ Bruen. The circuit precedent is confusing, inconsistent & unpredictable. @joeljohnson13.bsky.social & I are working on a project about the rule-of-law problems w/ these kinds of cases. www.ca5.uscourts.gov/opinions/pub...

New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....

Anybody want one of the coolest appellate jobs in Maryland?

Assistant Attorney General, Office of the Solicitor General, Criminal Appeals Unit in Baltimore, MD, United States

Assistant Attorney General, Office of the Solicitor General, Criminal Appeals Unit in Baltimore, MD, United States

mdagcareers.ttcportals.com

Was great to be back on Doug Berman’s Drugs on the Docket podcast with my friend & colleague @joeljohnson13.bsky.social to break down the Hemani decision & the Supreme Court’s many Second Amendment failings. 👇 Full episode: podcasts.apple.com/us/podcast/s... youtu.be/TfxIjlZFdNQ?...

U.S. v. Hemani Decision | S4 E3 Teaser | Drugs on the Docket #shorts #podcast #supremecourt

YouTube video by The Ohio State University Moritz College of Law

youtu.be

In Chatrie, I found the discussion about whether reaching the "search" question was appropriate to be interesting. At the other place, @epps.bsky.social noted that he thought it was appropriate to allow law to evolve. I tend to agree. But it points to a larger issue in 4A litigation. 🧵1/

My thoughts on Hemani: www.scotusblog.com/2026/06/a-vi...

A victory for the defendant in United States v. Hemani, but little guidance for the lower courts

scotusblog.com

We’re starting a space company. Fast tracking an IPO with an anticipated trillion-dollar valuation . Who wants in?

Now in beta: explore all years of reported entry-level law school hiring data by doing your own slicing and dicing. www.lawskyprojects.org/explore

It was so much fun to be a guest on the Drugs on the Docket podcast alongside my colleague, @jacobdcharles.bsky.social We discussed Hemani, the pending SCOTUS case involving a 2A challenge to the federal statute banning gun possession by unlawful drug users. 🔗👇🏻

Grading begins. Bird by bird.

It is an honor to receive this year’s Dean’s Award for Excellence in Scholarship.

I’m excited to share that my latest article, “The Multidimensions of AI Chatbots as Evidence,” is now forthcoming in the U.C. Davis Law Review. The abstract is below, and I plan to have it up on SSRN soon.

SCOOP: Federal judiciary approves new Supreme Court defender office to help represent indigent defendants at #SCOTUS. Its full-time director will serve as a counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.

Yale Law Journal (@yalelawjournal.bsky.social) will be publishing my latest, “The New Criminal Docket and the Clemency Court.” It explores how SCOTUS is no longer using its criminal merits docket for broad constitutional reform, opting instead for targeted relief for the fortunate few.

I'll be live blogging this morning's oral argument in Hemani over at @scotusblog.com. Argument begins at 10 am ET. Join me there! www.scotusblog.com/2026/02/oral...

Oral argument live blog for Monday, March 2

On Monday, March 2, we will be live blogging as the court hears argument in United States v. Hemani, on whether a federal statute that prohibits gun possession by users […]

scotusblog.com

Check out my colleague @joeljohnson13.bsky.social’s fascinating post on how the Supreme Court’s analysis in the tariff’s case should impact the way Court decides the major Second Amendment case that will be argued next week 👇👇 open.substack.com/pub/divideda...

Guest Post: The Learning Resources Roadmap for Hemani

by Joel S. Johnson

open.substack.com

My thoughts on the Learning Resources and Hemani over at @dividedargument.bsky.social: blog.dividedargument.com/p/guest-post...

Guest Post: The Learning Resources Roadmap for Hemani

by Joel S. Johnson

blog.dividedargument.com

Thanks for the shoutout, @espinsegall.bsky.social! In addition to the amicus brief, I shared my views on Hemani here: bsky.app/profile/joel...

Eric Segall@espinsegall.bsky.social · 6mo ago

The Supreme Court’s next big 2nd Amendment case should not be a 2nd Amendment case at all. www.dorfonlaw.org?m=1

Another! The District of Puerto Rico FPD Office is hiring an appellate attorney! Your wardrobe will include sandals for San Juan and a parka for oral argument trips to Boston! www.fd.org/sites/defaul...

Pepperdine Law Review - Annual Volume is now open and accepting submissions on Scholastica! Submit your article here: https://pepperdine-law-review-essays.scholasticahq.com/for-authors #LRSubmissions

www.scotusblog.com/2026/01/defe...

Defending the Fed: agency independence in three dimensions

Controlling Opinions is a recurring series by Richard Re that explores the interaction of law, ideology, and discretion at the Supreme Court. The Supreme Court is creating a formidable presidential […...

scotusblog.com

Very excited that the Pepperdine Law Review will be hosting a symposium @pepperdine.bsky.social Caruso School of Law on 3/27, "The Second Amendment After Bruen & Rahimi: Revisiting History & Tradition"! We have a great lineup; register ⬇️ & stay tuned for updates. law.pepperdine.edu/law-review/s...

BIG IN THE 4A WORLD: The Supreme Court has granted cert in Chatrie, the geofence warrant case, to decide the following Q: "Whether the execution of the geofence warrant violated the Fourth Amendment." (I assume this includes both whether a "search" happened and whether the warrant was lawful.)

How often can you read amicus briefs from colleagues at the same law school arguing for opposite sides in the same case?? Check out Joel’s super interesting brief urging the Court not to even reach the 2nd Am q. My amicus brief (w/ other 2A scholars) is here: www.supremecourt.gov/DocketPDF/24...

Joel Johnson@joeljohnson13.bsky.social · 7mo ago

I’ve filed an amicus brief in Hemani, the pending case involving a #SecondAmendment challenge to 18 USC 922(g)(3). The case is perceived as a sequel to Bruen and Rahimi. My brief argues that the Court can avoid the constitutional thicket by narrowly construing the statute. 🧵

I’ve filed an amicus brief in Hemani, the pending case involving a #SecondAmendment challenge to 18 USC 922(g)(3). The case is perceived as a sequel to Bruen and Rahimi. My brief argues that the Court can avoid the constitutional thicket by narrowly construing the statute. 🧵

podcasts.apple.com/us/podcast/a...

The Conservative Warren Court of Today

Podcast Episode · Advisory Opinions · 01/13/2026 · 1h 10m

podcasts.apple.com

Excited to announce that my book, REVOLUTION IN REDLINE, is finally out! I compile key docs leading to the Founding, then present the Founding Docs in "redline," visually tracking the drafters' edits to show how the text evolved. (The Founders didn't start from scratch, and they disagreed often.)1/6

It was a treat to celebrate Prof. Dick Howard, for whom I worked as a research assistant while in law school. He received the ABA Kutak Award in recognition of his incredible career.

It was an honor to receive the Emerging Scholar Award from the AALS Legislation Section — especially while seated next to Bill Eskridge and Mary Ann Bernard (Phil Frickey’s widow). Thanks @kevintobia.bsky.social for the kind words about my work.

Later this week at #AALS, I’ll be presenting my new paper, The New Criminal Docket and the Clemency Court. The paper examines how the contemporary Supreme Court curates and resolves its criminal merits docket—and how that practice has quietly changed. 🧵