Robert Leider @LeiderRob
Associate Professor, GMU, Antonin Scalia Law School. Interests include the right of self-defense, gun control, and the Second Amendment. standinghisground.com Joined March 2022-
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Virginia legal gun owners, We heard you and we’ve acted. As of today, every Form 1 & Form 4 submitted by Virginians was processed before the anticipated July 1 change to Virginia law that would prohibit the import, sale, manufacture, purchase & transfer of certain firearms. 1/2
Fear of Balancing, by me, forthcoming in the Supreme Court Review:
Congratulations to C’Zar on the well-deserved clerkship.
#GWLaw alumnus C'Zar Bernstein, JD '20, will serve as a law clerk for the U.S. Supreme Court Justice Clarence Thomas in the October 2025 term. Read more about this great achievement. law.gwu.edu/gw-law-alumnus…
Thank you @lsolum for the recommendation, and thank you to the Originalism Conference at USD for allowing me to present the paper.
Leider on the Right to Bear Arms for the Common Defense, buff.ly/3WVZNky - Robert Leider (George Mason University - Antonin Scalia Law School) has posted The Individual Right To Bear Arms For Common Defense on SSRN.
reason.com/volokh/2025/01… My analysis of yesterday's oral argument in Barnes v. Felix, which involves how courts analyze police use of force. My thanks to @VolokhC and @WilliamBaude for posting.
What a great label: "constitutional vandalism." We are already bitterly divided over how to interpret law. Creating divisions about what words are actually in the Constitution pours gasoline on the fire.
Why do this when heading out the door, when nothing has changed since 2020? An act of constitutional vandalism
Congress could also intervene. This law is designed to nullify the right to carry arms in public that Bruen recognized. I think Congress would be well within its powers to regulate public carry in Hawaii (and California, Maryland, and New York) under § 5 of the 14th Amendment.
cdn.ca9.uscourts.gov/datastore/opin… The Ninth Circuit refused to rehear its decision upholding Hawaii's ban on carrying firearms on private property by those with firearm licenses (and only those with firearm licenses). For now, Hawaii has defied Bruen successfully. 1/3
firearmslaw.duke.edu/2022/12/pretex… The plaintiffs have a reasonable chance at Supreme Court review. A clear circuit split exists on this issue. Hawaii's law effectively bans public carry throughout the state. Hawaii's law is also pretextual and serves no legitimate governmental interest.
President Biden’s commutations signal the time to have mandatory Supreme Court direct review of all capital cases for all issues, including ineffective assistance of counsel. It’s past time to shorten collateral review, which also hurts defendants with a weaker legal standard.
nytimes.com/2024/12/23/us/… This is a serious violation of public justice, far worse than President Biden’s previous clemency action. Congress and President Trump will need to figure out ways to reduce capital appeal times to prevent similar shenanigans by future administrations.
I hope @fedjudges is correct. In the interim, congratulations to Bronni on his appointment to the Arkansas Supreme Court. I look forward to teaching his opinions in class.
Both Arkansas-based judges on the Eighth Circuit are eligible for senior status. I think Nicholas Bronni's tenure on the Arkansas Supreme Court will be a short one.
@LakeShowLeg The retirement was contingent on a future event, and President Trump has every right to fulfill the contingency. The retirement, however, should be treated as irrevocable.
@LakeShowLeg The judge declared his contingent retirement. President Biden nominated someone and the Senate began exercising its advice and consent power. Given all that, I think it’s fair for the next President to assert that the judge’s retirement was no longer “anticipatory.”
This is a major separation of powers problem, and it’s likely unconstitutional. Presidents choose judges. Judges don’t nominate their successors. President Trump should nominate someone for his seat, and the Senate should confirm.
Judge James Wynn of the Fourth Circuit has rescinded his decision to take senior status, two days after the White House withdrew the nomination of Ryan Park to fill the seat.
@LakeShowLeg From Matthew Madden: virginialawreview.org/articles/antic…
Analysis: Gun-Rights Advocates Would Benefit More From ATF Reform Than the Agency’s Elimination (By @LeiderRob) Link: thereload.com/analysis-gun-r…
Also note that, contrary to the Warren-Blumenthal letter, the Constitution vests state legislatures, not governors, with primary authority to request federal assistance.
But the federal government can defend federal law without relying on state law enforcement. See 10 U.S.C. § 252. Making federal enforcement subservient to state governments undermines the paramount authority of federal law. Imagine if that had been the policy during Jim Crow.
nbcnews.com/politics/natio… This proposal would dangerously intermix two legal authorities. Under the Constitution, the federal government cannot use force to protect a state against domestic violence without the state's request. See U.S. Const. art. IV, § 4; 10 U.S.C. § 251. 1/2
Rob Romano @2Aupdates
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Firearms Policy Coali... @gunpolicy
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