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Kevin Schascheck

@kevinschascheck.bsky.social
199 followers 162 following 62 posts

Assistant Professor at the University of South Carolina Law. I write about the Second Amendment. Views are my own. 🏳️‍🌈

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Reposted by Kevin Schascheck
Jake Charles @jacobdcharles.bsky.social · 23/09/2026
I’m not exaggerating when I say that the second proposal here is a raw violation of VanDyke’s oath to uphold the Constitution. The 10th Amendment & federalism be damned if one state has a gun law that others don’t. The full dissent is worse & VanDyke writes alone again bc no one joins tantrums.
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Kevin Schascheck @kevinschascheck.bsky.social · 21/09/2026
Michael Smith could write about literally anything and it would be amazing. But this is one of the most important reads about the Court’s 2A cases this year.
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Slate @slate.com · 16/09/2026
It's democratic for nine unelected judges to undo the most basic gun-safety laws of 100 million voters, you see. slate.trib.al/qePXfCA
slate.trib.al
We Found the Most Galling Argument of the Upcoming Supreme Court Term
This fall, the Supreme Court will entertain a Second Amendment challenge to the prohibition of assault weapons in Viramontes v. Cook County.
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Jake Charles @jacobdcharles.bsky.social · 11/09/2026
Woo! 👇
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Jake Charles @jacobdcharles.bsky.social · 01/09/2026
WOLFORD OVERRULED RAHIMI AND REINSTATED BRUEN
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The Trace @thetrace.org · 31/08/2026
“Good Guy with a Gun!” tells the story of Ron (Chris Sullivan), and his daughter Jenna (Kimiko Glenn), who end up on opposite sides of the gun debate after the death of their wife and mother (Yvette Nicole Brown). We sat down with the creators to learn about how they brought the project to life.
thetrace.org
New Musical Release ‘Good Guy With a Gun!’ Satirizes America’s Gun Debate
The theatrical concept album pokes fun at both the gun lobby and gun reformers. Its creators want to seed a new kind of conversation around firearms.
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Sahil Kapur @sahilkapur.bsky.social · 30/08/2026
James Clyburn says on @meetthepress.com that he supports adding four seats to the Supreme Court: “A baker’s dozen would be a good number to have on the court.”
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Kevin Schascheck @kevinschascheck.bsky.social · 29/08/2026
Thanks for the kind words, @jacobdcharles.bsky.social!
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Aaron Rupar @atrupar.com · 25/08/2026
"What did he do to deserve to be murdered, to be left cold, on the ground, dead, my child? What did he do? ... they don't care ... I expect an apology. Why shouldn't we get one?" -- Alex Pretti's mom
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Dru Stevenson @drustevenson.bsky.social · 20/08/2026
"Concealed carry permit holders are supposed to be the 'good guys' with guns. In reality, far too many permit holders are a direct threat to public safety." Check out the new, very disturbing report from the Violence Policy Center about concealed carry permitees. #gvp #2A concealedcarrykillers.org
concealedcarrykillers.org
VPC: Concealed Carry Killers
Visit the post for more.
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Lawrence Solum @lsolum.bsky.social · 18/08/2026
Sunstein & Layman on the Flawed Architecture of Expert Evidence Cass R. Sunstein (Harvard Law School; Harvard Kennedy School) and Jessie Layman have posted On the Flawed Architecture of Expert Evidence…...
legaltheoryblog.com
Sunstein & Layman on the Flawed Architecture of Expert Evidence
Cass R. Sunstein (Harvard Law School; Harvard Kennedy School) and Jessie Layman have posted On the Flawed Architecture of Expert Evidence on SSRN. Here is the abstract: Courts often rely on expert witnesses to translate technical jargon and draw conclusions from complex evidence. Because of their epistemic disadvantages, factfinders are poorly equipped to evaluate the reliability of expert witness testimony. Instead, judges and juries tend to rely on cognitive shortcuts, deferring to an expert’s credentials, confidence, and delivery.
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Dru Stevenson @drustevenson.bsky.social · 17/08/2026
I have a forthcoming article discussing this and analyzing the new rule in detail papers.ssrn.com/sol3/papers....
papers.ssrn.com
Restoration of Federal Firearms Rights: The DOJ's Administrative Revival of § 925(c)
This Article examines the Trump Administration's 2025 administrative reanimation of 18 U.S.C. § 925(c), a long-dormant statutory "safety valve" that a
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Kevin Schascheck @kevinschascheck.bsky.social · 16/08/2026
Rereading The Embarrassing Second Amendment (Levinson's article from 1989) for my doctrinal 2A class and this line jumped out at me: "It is almost impossible to imagine that the judiciary would strike down a determination . . . that the possession of assault weapons
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Jake Charles @jacobdcharles.bsky.social · 11/08/2026
Boy if this doesn’t show the insanely manipulable nature of the Bruen test. In Wolford, the Court said a Hawaii law requiring permission to bring your gun onto private party was best described as implicating the plain text “bear arms.” Here, the court is *very specific* in describing the conduct. 🤷‍♂️
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Too Big to Fail @toobigtofail.bsky.social · 08/08/2026
Ten years ago tomorrow I was sitting in a hotel in Los Angeles and saw this news, which I was absolutely, positively, 100% certain would end Trump's Presidential campaign. How naive I was.
abcnews.com
Trump Says Maybe '2nd Amendment People' Can Stop Clinton's Supreme Court Picks
Trump made these remarks today in North Carolina.
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The Trace @thetrace.org · 08/08/2026
New York City police are recovering a growing number of 3D-printed guns, law enforcement officials said. The trend reflects a shift in America’s problem with homemade, untraceable “ghost guns” — from weapons assembled with commercial kits to firearms produced on increasingly affordable printers.
thetrace.org
New York City’s Spike in 3D-Printed Guns Prompts Push for Tougher Laws
Manhattan District Attorney Alvin Bragg is advocating legislation that would make 3D-printing guns a crime.
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Jay Willis @jaywillis.net · 05/08/2026
IMPORTANT: Balls & Strikes is looking for new contributors. Here's how to pitch us.
ballsandstrikes.substack.com
The Good Stories Are Always Worth It
We’re looking for new contributors to Balls & Strikes. Here’s how to pitch us.
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Kevin Schascheck @kevinschascheck.bsky.social · 04/08/2026
Another exciting @msmith750.bsky.social piece!
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Senator Peter Welch @welch.senate.gov · 16/07/2026
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. www.youtube.com/shorts/VqlvuC0sqmA
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Kevin Schascheck @kevinschascheck.bsky.social · 03/08/2026
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.
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Kevin Schascheck @kevinschascheck.bsky.social · 03/08/2026
Saving for later
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lowtax speedrun enjoyer @rickywlmsbong.bsky.social · 31/07/2026
kamala and pete both on board, 13 is table stakes for 2028
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Jake Charles @jacobdcharles.bsky.social · 26/07/2026
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
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Kevin Schascheck @kevinschascheck.bsky.social · 26/07/2026
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.
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Jake Charles @jacobdcharles.bsky.social · 17/07/2026
🚨 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
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jamelle @jamellebouie.net · 29/06/2026
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.
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Duke Center for Firearms Law @dukefirearmslaw.bsky.social · 30/06/2026
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...
firearmslaw.duke.edu
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 ...
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Hannah Walser @hkpmw.bsky.social · 30/06/2026
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.
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Duke Center for Firearms Law @dukefirearmslaw.bsky.social · 01/06/2026
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.
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Kevin Schascheck @kevinschascheck.bsky.social · 01/06/2026
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!
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Quinn Yeargain @yeargain.bsky.social · 10/05/2026
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...
One key to the plan would be having Democrats in Richmond lower the mandatory retirement age for state Supreme Court justices, an idea that began circulating among state lawmakers and members of Congress after a column proposing a version of the idea was published on Friday night in The Downballot, a progressive newsletter.
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Jake Charles @jacobdcharles.bsky.social · 23/04/2026
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?...
faculty.westacademic.com
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...
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Hannah Walser @hkpmw.bsky.social · 22/04/2026
Tl;dr
A crude flowchart representing the Establishment Clause analysis in CA5’s Nathan opinion. On the top: “is this an establishment of religion?” An arrow leads to a box reading: “Is it literally the Church of England?” From that box, one arrow leads to “YES,” which in turn leads to a box labeled “unconstitutional.” Another arrow leads to “NO” and from there to “You’re good bro”
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GVPedia @gvpedia.bsky.social · 17/04/2026
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.
open.substack.com
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
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Duke Center for Firearms Law @dukefirearmslaw.bsky.social · 14/04/2026
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-...
firearmslaw.duke.edu
D.C. Court of Appeals holds that D.C.’s ban on LCMs is unconstitutional | Duke Center for Firearms Law
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Mark Joseph Stern @mjsdc.bsky.social · 31/03/2026
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...
Yet anti-LGBTQ+ therapists now enjoy a First Amendment right that is denied to abortion providers. But as Jackson pointed out, the inconsistency runs deeper. After Chiles, parents who seek to “convert” their transgender children have a constitutional right to do so. But thanks to last year’s decision in Skrmetti, parents who seek to affirm their transgender children with medication have no such right. States can ban gender-affirming medication but evidently cannot ban anti-transgender talk therapy. And the majority does not explain why anti-LGBTQ+ speech receives heightened protections when other viewpoints do not. Surely, Jackson wrote, a state can direct doctors to discourage, and not encourage, smoking cigarettes. It can prohibit doctors “from telling an anorexic patient to eat less” while allowing them to recommend eating more. It can stop doctors from encouraging patients to end their lives. These laws, too, censor speech on the basis of the state’s preferred viewpoint—in Gorsuch’s words, they “enforce orthodoxy.” Why is it, then, that nobody seriously argues that they’d violate the First Amendment, too?
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Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 27/03/2026
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...
time.com
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.
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Anthony Michael Kreis @anthonymkreis.bsky.social · 27/03/2026
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...
bbaumann.substack.com
Never Forget the Game You're Playing
Birthright Citizenship and Constitutional Adjudication
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Jake Charles @jacobdcharles.bsky.social · 06/03/2026
DC Court of Appeals decides the district’s ban on high capacity magazines violates the Second Amendment 👇
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Jake Charles @jacobdcharles.bsky.social · 02/03/2026
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
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Sarah Lerner @mrslerner.bsky.social · 13/02/2026
Tomorrow marks eight years since my world was turned upside down. I hope you’ll read my most recent blog post.
sharemylesson.com
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...
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Timothy McBride @mcbridetd.bsky.social · 23/12/2025
The JAMA Summit Report on Reducing Firearm Violence and Harms jamanetwork.com/journals/jam...
jamanetwork.com
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...
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Jake Charles @jacobdcharles.bsky.social · 12/02/2026
The court here draws on 2nd Am case law to support this holding
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Lawrence Solum @lsolum.bsky.social · 05/02/2026
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…
legaltheoryblog.com
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.
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Jake Charles @jacobdcharles.bsky.social · 25/01/2026
Honestly this is one of the most profoundly *original* American sentiments, echoing everything that occupied Bostonians expressed in the pivotal mid-1770s.
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Jake Charles @jacobdcharles.bsky.social · 20/01/2026
KBJ: concede there is no 2A right to carry into someone else's home, right? Petr. No [ed note: !!!!!!!]
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Jake Charles @jacobdcharles.bsky.social · 20/01/2026
If you listen to arguments this morning, you’ll hear a lot about the limits on states’ authority to change default rules for private parties—turns out the Supreme Court recently weighed questions like these & said states have a lot of residual authority ⬇️
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Daniel Rice @danielrice.bsky.social · 19/01/2026
I've just posted a draft essay called "Tradition Without Text?" (forthcoming in Duke Law Journal Online). It critiques Dobbs for using crude positive-law proxies to identify "historical understandings of ordered liberty." papers.ssrn.com/abstract=609...
papers.ssrn.com
Tradition Without Text?
<p><span>It is no secret that the <i>Dobbs </i>framework dooms virtually all liberty claims brought under the ambit of due process. Yet for all their devotion t
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