Kevin Schascheck
@kevinschascheck.bsky.social
Forrester Fellow, Tulane Law School. I write about the Second Amendment. 🏳️🌈 Views are my own.
Reposted by Kevin Schascheck
I get that many Senate Democrats don’t want to fight, just in general. Okay. Unfortunately, that’s the job at this moment in our politics, and when each of them was last elected—in 2020, 2022, or 2024—that was quite clear. They knew what they were signing up for.
Lead or leave. Good god.
Lead or leave. Good god.
November 10, 2025 at 2:04 AM
I get that many Senate Democrats don’t want to fight, just in general. Okay. Unfortunately, that’s the job at this moment in our politics, and when each of them was last elected—in 2020, 2022, or 2024—that was quite clear. They knew what they were signing up for.
Lead or leave. Good god.
Lead or leave. Good god.
Reposted by Kevin Schascheck
BREAKING: SCOTUS lets Trump administration implement anti-trans, anti-nonbinary passport policy.
The Democratic appointees, led by Justice Ketanji Brown Jackson, dissented. The ruling, which applies during litigation, effectively reverses two lower court rulings.
Today, at Law Dork:
The Democratic appointees, led by Justice Ketanji Brown Jackson, dissented. The ruling, which applies during litigation, effectively reverses two lower court rulings.
Today, at Law Dork:
Breaking: SCOTUS lets Trump administration implement anti-trans, anti-nonbinary passport policy
The Democratic appointees, led by Justice Ketanji Brown Jackson, dissented. The ruling, which applies during litigation, effectively reverses two lower court rulings.
www.lawdork.com
November 6, 2025 at 10:51 PM
BREAKING: SCOTUS lets Trump administration implement anti-trans, anti-nonbinary passport policy.
The Democratic appointees, led by Justice Ketanji Brown Jackson, dissented. The ruling, which applies during litigation, effectively reverses two lower court rulings.
Today, at Law Dork:
The Democratic appointees, led by Justice Ketanji Brown Jackson, dissented. The ruling, which applies during litigation, effectively reverses two lower court rulings.
Today, at Law Dork:
Reposted by Kevin Schascheck
Deadly political violence has shaken the country this year, and researchers suggest that there is more to come.
New studies indicate that support of political violence is associated with support of the NRA and racist and homophobic beliefs.
New studies indicate that support of political violence is associated with support of the NRA and racist and homophobic beliefs.
Support of the NRA Is Linked to Support of Political Violence, New Research Finds
The recent uptick in political attacks has shaken Americans. Researchers are examining the sentiments related to these acts.
www.thetrace.org
October 26, 2025 at 9:18 PM
Deadly political violence has shaken the country this year, and researchers suggest that there is more to come.
New studies indicate that support of political violence is associated with support of the NRA and racist and homophobic beliefs.
New studies indicate that support of political violence is associated with support of the NRA and racist and homophobic beliefs.
Reposted by Kevin Schascheck
The 5th Circuit struck down the the law as applied to Hemani so I think the odds are very good that the Court reverses and upholds the prohibition at least as applied to some unlawful drug users.
The case won't require the Court to get into the tougher cases -- medical & "legal" marijuana.
The case won't require the Court to get into the tougher cases -- medical & "legal" marijuana.
Cert granted in United States v. Hemani, a Second Amendment challenge to the federal prohibition on unlawful drug users possessing firearms.
It's the 2nd Second Amendment case the Supreme Court has taken up this term.
www.supremecourt.gov/orders/court...
It's the 2nd Second Amendment case the Supreme Court has taken up this term.
www.supremecourt.gov/orders/court...
October 20, 2025 at 1:47 PM
The 5th Circuit struck down the the law as applied to Hemani so I think the odds are very good that the Court reverses and upholds the prohibition at least as applied to some unlawful drug users.
The case won't require the Court to get into the tougher cases -- medical & "legal" marijuana.
The case won't require the Court to get into the tougher cases -- medical & "legal" marijuana.
The Supreme Court just granted review in *another* Second Amendment case for the term and will decide whether the federal law prohibiting the possession of firearms by anyone who is an unlawful user of or addicted to any controlled substance violates the Second Amendment. June is going to be busy!
October 20, 2025 at 1:46 PM
The Supreme Court just granted review in *another* Second Amendment case for the term and will decide whether the federal law prohibiting the possession of firearms by anyone who is an unlawful user of or addicted to any controlled substance violates the Second Amendment. June is going to be busy!
Reposted by Kevin Schascheck
Similar petitions keep cropping up. The Court is gonna have to confront this question sooner or later. They seem to be choosing “later,” for now. But they can’t avoid it forever (unless every circuit keeps upholding the laws, I suppose).
Challengers to Connecticut's assault weapons ban are now asking SCOTUS to take up their case and declare all assault weapons bans unconstitutional.
www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov/DocketPDF/25...
October 9, 2025 at 11:20 PM
Similar petitions keep cropping up. The Court is gonna have to confront this question sooner or later. They seem to be choosing “later,” for now. But they can’t avoid it forever (unless every circuit keeps upholding the laws, I suppose).
Reposted by Kevin Schascheck
🚨The Supreme Court just granted review in a new Seocnd Amendment case out of Hawaii, asking whether the state can flip the property default rule for carrying guns on private property.
Here’s the petition: www.supremecourt.gov/DocketPDF/24...
Here’s the petition: www.supremecourt.gov/DocketPDF/24...
October 3, 2025 at 2:18 PM
🚨The Supreme Court just granted review in a new Seocnd Amendment case out of Hawaii, asking whether the state can flip the property default rule for carrying guns on private property.
Here’s the petition: www.supremecourt.gov/DocketPDF/24...
Here’s the petition: www.supremecourt.gov/DocketPDF/24...
Reposted by Kevin Schascheck
Just posted a new essay with @williambaude.bsky.social and Sam Bray -
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
Remedies for a Constitutional Crisis
<p><span>In a crisis of authority, where it is unclear whether executive officials will comply with judicial decisions, the courts may seem to have limited reme
papers.ssrn.com
September 29, 2025 at 11:52 AM
Just posted a new essay with @williambaude.bsky.social and Sam Bray -
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
Reposted by Kevin Schascheck
NEW: A group of appeals court judges openly struggled with — and in some cases criticized — the Supreme Court's terse and vague shadow docket rulings. One said they've left lower courts "in limbo," forcing them to interpret "signals"
w/ @joshgerstein.bsky.social
www.politico.com/news/2025/09...
w/ @joshgerstein.bsky.social
www.politico.com/news/2025/09...
September 11, 2025 at 7:20 PM
NEW: A group of appeals court judges openly struggled with — and in some cases criticized — the Supreme Court's terse and vague shadow docket rulings. One said they've left lower courts "in limbo," forcing them to interpret "signals"
w/ @joshgerstein.bsky.social
www.politico.com/news/2025/09...
w/ @joshgerstein.bsky.social
www.politico.com/news/2025/09...
Excited to read this piece from @jacobdcharles.bsky.social
📝I've uploaded a new draft to @ssrn.bsky.social that grew out of a panel before @sherifgirgis.bsky.social's excellent Dunwody lecture at UF this spring. In the paper, I analyze Trump v CASA as a window into the history & trad'n approach--& find some troubling signs.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
September 11, 2025 at 11:50 PM
Excited to read this piece from @jacobdcharles.bsky.social
Reposted by Kevin Schascheck
CA3, 2-1, upholds NJ's ban on guns at zoos, parks&rec facilities, beaches, libraries&museums, bars, entertainment facilities, hospitals, public transport, playgrounds, and youth sports events.
Obama, Biden judges in majority. Trump judge in dissent.
www2.ca3.uscourts.gov/opinarch/231...
Obama, Biden judges in majority. Trump judge in dissent.
www2.ca3.uscourts.gov/opinarch/231...
September 10, 2025 at 5:26 PM
CA3, 2-1, upholds NJ's ban on guns at zoos, parks&rec facilities, beaches, libraries&museums, bars, entertainment facilities, hospitals, public transport, playgrounds, and youth sports events.
Obama, Biden judges in majority. Trump judge in dissent.
www2.ca3.uscourts.gov/opinarch/231...
Obama, Biden judges in majority. Trump judge in dissent.
www2.ca3.uscourts.gov/opinarch/231...
Reposted by Kevin Schascheck
Just to be clear, not only is this morally obscene, it’s also flagrantly unconstitutional under the Supreme Court’s Second Amendment precedent (& inconsistent w existing federal law, not that that has ever stopped this administration).
This move by the Trump administration is an overtly discriminatory civil rights violation. Trans people have the same legal rights as other Americans — end of story. There are lots of good reasons to keep certain people from owning guns. Being trans isn't one of them. https://cnn.it/4niJnxG
Trump DOJ is looking at ways to ban transgender Americans from owning guns, sources say | CNN Politics
Senior Justice Department officials are weighing proposals to limit transgender people’s right to possess firearms, according to two officials familiar with the internal discussions.
cnn.it
September 4, 2025 at 8:43 PM
Just to be clear, not only is this morally obscene, it’s also flagrantly unconstitutional under the Supreme Court’s Second Amendment precedent (& inconsistent w existing federal law, not that that has ever stopped this administration).
Reposted by Kevin Schascheck
Trump DOJ is looking at ways to ban trans Americans from owning guns. Since 2018:
•4 trans shooters means 2A is null & void
•4193 NON-trans shooters means 2A needs expansion
Here's a better idea: Solo men commit 94.6% of all mass shootings. Let's ban firearms from solo men & see how it goes.
•4 trans shooters means 2A is null & void
•4193 NON-trans shooters means 2A needs expansion
Here's a better idea: Solo men commit 94.6% of all mass shootings. Let's ban firearms from solo men & see how it goes.
September 4, 2025 at 5:54 PM
Trump DOJ is looking at ways to ban trans Americans from owning guns. Since 2018:
•4 trans shooters means 2A is null & void
•4193 NON-trans shooters means 2A needs expansion
Here's a better idea: Solo men commit 94.6% of all mass shootings. Let's ban firearms from solo men & see how it goes.
•4 trans shooters means 2A is null & void
•4193 NON-trans shooters means 2A needs expansion
Here's a better idea: Solo men commit 94.6% of all mass shootings. Let's ban firearms from solo men & see how it goes.
Oh, so that Second Amendment executive order was just for cis Americans? Got it.
What’s the historic analogue for this?
Trump DOJ is looking at ways to ban transgender Americans from owning guns, sources say www.cnn.com/2025/09/04/p...
Trump DOJ is looking at ways to ban transgender Americans from owning guns, sources say www.cnn.com/2025/09/04/p...
Trump DOJ is looking at ways to ban transgender Americans from owning guns, sources say | CNN Politics
Senior Justice Department officials are weighing proposals to limit transgender people’s right to possess firearms, according to two officials familiar with the internal discussions.
www.cnn.com
September 4, 2025 at 8:10 PM
Oh, so that Second Amendment executive order was just for cis Americans? Got it.
Reposted by Kevin Schascheck
Today on the blog: the Center's undergraduate summer research assistants describe their experience digging into historical weapons regulation, enforcement, and historical context firearmslaw.duke.edu/2025/09/a-mu...
A Multi-Sourced Approach to Exploring Historical Analogues of American Gun Regulation | Duke Center for Firearms Law
firearmslaw.duke.edu
September 4, 2025 at 4:19 PM
Today on the blog: the Center's undergraduate summer research assistants describe their experience digging into historical weapons regulation, enforcement, and historical context firearmslaw.duke.edu/2025/09/a-mu...
I attended this to get feedback on my job talk for the market this year and it was very helpful! Plus, @yeargain.bsky.social is a great host!
I'm very happy to share that I will be hosting the *Second* Annual Democracy and Public Law Works-in-Progress Conference at the Michigan State University College of Law on April 3–4, 2026! Law scholars (current and aspiring), I'd love to host you!
Application:
msu.co1.qualtrics.com/jfe/form/SV_...
Application:
msu.co1.qualtrics.com/jfe/form/SV_...
September 2, 2025 at 6:53 PM
I attended this to get feedback on my job talk for the market this year and it was very helpful! Plus, @yeargain.bsky.social is a great host!
Reposted by Kevin Schascheck
Courts still matter.
JUST IN: Drew Ensign, on behalf of DOJ, reports that all of the migrant children have been returned to ORR custody.
September 1, 2025 at 3:31 PM
Courts still matter.
Reposted by Kevin Schascheck
NEW: The Fifth Circuit rejects a Second Amendment challenge to the federal law strictly regulating the possession of firearm silencers. The panel describes the law as presumptively lawful & holds that the challenger failed to rebut that presumption on these facts.
cases.justia.com/federal/appe...
cases.justia.com/federal/appe...
September 1, 2025 at 4:27 PM
NEW: The Fifth Circuit rejects a Second Amendment challenge to the federal law strictly regulating the possession of firearm silencers. The panel describes the law as presumptively lawful & holds that the challenger failed to rebut that presumption on these facts.
cases.justia.com/federal/appe...
cases.justia.com/federal/appe...
Reposted by Kevin Schascheck
In light of today’s shooting in Minnesota, here’s a relevant bit from the gun industry’s own research, which I obtained earlier this summer
August 27, 2025 at 6:01 PM
In light of today’s shooting in Minnesota, here’s a relevant bit from the gun industry’s own research, which I obtained earlier this summer
Reposted by Kevin Schascheck
It's a good thing the Trump administration is so laser-focused on reducing all of the violent crime in...
Oh never mind.
Oh never mind.
“Federal prosecutors in D.C. have been instructed not to seek felony charges against people who are carrying rifles or shotguns in [DC], regardless of the strength of the evidence, according to U.S. Attorney Jeanine Pirro and an email reviewed by [WaPo].” www.washingtonpost.com/national-sec...
Pirro’s office won’t pursue gun charges over carrying rifles, shotguns
A statement from Pirro on Tuesday said D.C.’s blanket prohibition on carrying shotguns or rifles “is clearly a violation of the Supreme Court’s holdings.”
www.washingtonpost.com
August 20, 2025 at 1:45 AM
It's a good thing the Trump administration is so laser-focused on reducing all of the violent crime in...
Oh never mind.
Oh never mind.
Reposted by Kevin Schascheck
I haven’t had the chance to read this yet, but here’s a Florida appellate case heard en banc involving the First Amendment and history and tradition.
5dca.flcourts.gov/content/down...
5dca.flcourts.gov/content/down...
5dca.flcourts.gov
August 15, 2025 at 4:55 PM
I haven’t had the chance to read this yet, but here’s a Florida appellate case heard en banc involving the First Amendment and history and tradition.
5dca.flcourts.gov/content/down...
5dca.flcourts.gov/content/down...
Reposted by Kevin Schascheck
Now in the Arizona State Law Journal—"Ratifying Bruen in the States." I argue that, as states adopt explicit rights to bear arms in their constitutions and state judiciaries get more radical, we may see maximalist, Bruen-style interpretations in the states.
arizonastatelawjournal.org/wp-content/u...
arizonastatelawjournal.org/wp-content/u...
August 6, 2025 at 8:18 PM
Now in the Arizona State Law Journal—"Ratifying Bruen in the States." I argue that, as states adopt explicit rights to bear arms in their constitutions and state judiciaries get more radical, we may see maximalist, Bruen-style interpretations in the states.
arizonastatelawjournal.org/wp-content/u...
arizonastatelawjournal.org/wp-content/u...
Reposted by Kevin Schascheck
It's important to note here that we're not just talking about faculty & university staff. 100s of U.S. colleges are in towns or small cities where they form the major industry & lifeblood of the community. Loss of students -> loss of rent $, restaurant $, bars, bookstores, gaming stores...
The US could see a 30-40% decline in new international student enrollment, resulting in nearly $7 billion in lost revenue and more than 60,000 fewer American jobs. https://www.nafsa.org/fall-2025-international-student-enrollment-outlook-and-economic-impact
August 4, 2025 at 3:41 AM
It's important to note here that we're not just talking about faculty & university staff. 100s of U.S. colleges are in towns or small cities where they form the major industry & lifeblood of the community. Loss of students -> loss of rent $, restaurant $, bars, bookstores, gaming stores...
Reposted by Kevin Schascheck
SCOTUS Gun Watch - Week of 8/4/25 firearmslaw.duke.edu/2025/08/scot...
SCOTUS Gun Watch - Week of 8/4/25 | Duke Center for Firearms Law
firearmslaw.duke.edu
August 4, 2025 at 1:10 PM
SCOTUS Gun Watch - Week of 8/4/25 firearmslaw.duke.edu/2025/08/scot...
Reposted by Kevin Schascheck
1) We need more Second Amendment courses in law schools;
2) you can teach it with this casebook;
3) the casebook is fantastic, my students have raved about early versions for the past two years.
Congrats and big thanks to Joseph, Jake, Jody, and Darrell!
2) you can teach it with this casebook;
3) the casebook is fantastic, my students have raved about early versions for the past two years.
Congrats and big thanks to Joseph, Jake, Jody, and Darrell!
Ahhh our casebook is officially published & on the way!!! If you have any interest in teaching (or learning about!) the Second Amendment or firearms law, I hope you'll consider our casebook! Feel free to reach out with any questions about the book or the field!!
www.westacademic.com/Blocher-Char...
www.westacademic.com/Blocher-Char...
July 24, 2025 at 11:18 PM
1) We need more Second Amendment courses in law schools;
2) you can teach it with this casebook;
3) the casebook is fantastic, my students have raved about early versions for the past two years.
Congrats and big thanks to Joseph, Jake, Jody, and Darrell!
2) you can teach it with this casebook;
3) the casebook is fantastic, my students have raved about early versions for the past two years.
Congrats and big thanks to Joseph, Jake, Jody, and Darrell!