NEW: Bruen has proven such a resounding success in terms of constraint, transparency, administrability, and predictability that Judge Thapar argues we should import its method wholesale into First Amendment free speech law - what could go wrong? opn.ca6.uscourts.gov/opinions.pdf/2…

We Arnold Ventures were frustrated that the US publishes data on the # of hogs slaughtered each day with a one day lag but national crime stats only annually, 9 months later. Since the FBI can't/won't publish more timely data, we funded the creation of realtimecrimeindex.com

Do you have experience with qualitative methods, and an interest (or background) in gun research? We are hiring a postdoc at the Center for the Study of Guns in Society! Please share widely! Applications due October 6th! apply.interfolio.com/153647

From the Trump prosecutions to the Second Amendment, we are seeing unfortunate developments in lower courts that are almost entirely the fault of the U.S. Supreme Court. I hope people understand this dynamic.

I’ll do a full thread on the 9th Cir’s big sensitive-places 2nd Am decision later, but it’s just hard to emphasize enough how very very very intellectually, morally & legally bankrupt an approach to const’l law that makes lines like this possible is. cdn.ca9.uscourts.gov/datastore/opin…

Here’s the 9th acknowledging this conflict - basically all over whether the state can flip the default rule for gun carry on private property held open to the public. 9th says yes. 2nd says no.

Jake Charles well loved stories I wrote an expert witness report in this case. It was difficult to figure out, for example, how to compare sports events & zoos in the 18th century to today, At one point I had an extensive discussion of cock-fights, and the zoo at the Tower of London (the only comparison).

God bless the historians who are willing to put in the time & effort—knowing how silly the task is & that their expertise may not even be credited by outcome-driven judges—all bc they know how important the stakes are.

Jake Charles This is a real problem. Not enough expertise to go around -- and also, at what cost to how these researchers might be spending their time and using their skills?

Oh.

Very excited to have Neil Siegel joining us Texas A&M School of Law today for a conversation about his important new book The Collective-Action Constitution!

Prediction: for saying things like this, Anthony’s about to get a barrage of vitriol from the people who claim an “armed society is a polite society.”

Excited to share that my next article "History and Tradition as Heightened Scrutiny" will be published in the Wake Forest Law Review! Look forward to working w/ the great Wᴀᴋᴇ Fᴏʀᴇsᴛ L. Rᴇᴠ. student editors. Not on SSRN yet, but I'm happy to share the draft by email.

"[Bruen] is a perfect illustration of how originalists, through their tacit presuppositions, so often quietly rewrite the original Constitution into a modern one they prefer." 🔥🔥 - Jonathan Gienapp, Against Constitutional Originalism

Tried to get writing done after teaching but it didn’t work. So instead I went through my inbox & replied to all the delinquent emails. But then people responded so I’m now basically back at the start.

Okay but the beach is not supposed to be this hot! ☀️☀️☀️

And that's an understatement!

I’m not sure whether our constitutional debates have elevated or lowered in comparison to 1788!