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Jake Charles

@jacobdcharles.bsky.social

5.8K followers 2K following 1.3K posts

Law prof, Pepperdine Law; Affiliated Scholar, Duke Center for Firearms Law. I write about constitutional law, especially the Second Amendment. Bio: https://t.co/yVUcs14NoK Papers: http://bit.ly/3HleQND

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Jake Charles @jacobdcharles.bsky.social · May 27

🧵 Exciting to have my new Penn Law Review piece on Ancillary Rights published! Many thanks to lots of people for feedback & criticism, esp. @danielrice.bsky.social for helping organize my thoughts.

The piece unpacks how & when rights extend to related conduct--

papers.ssrn.com/sol3/papers....

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Jake Charles @jacobdcharles.bsky.social · 22h

Is that possible!?

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Jake Charles @jacobdcharles.bsky.social · 1d

Yeah that could be right

Jake Charles @jacobdcharles.bsky.social · 1d

Right, but maybe they too have trouble w the circularity (and temporal benchmark) of the common use test?

You have any other theories why Kav might not have voted to grant then?

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Jake Charles @jacobdcharles.bsky.social · 1d

Agree - but then it’s curious he didn’t just give the 4th vote in Snope. It’s percolated for more than a decade (as u kno, he addressed it himself more than a decade ago as a circuit judge!). Only other guess I have besides his uncertainty is wanting to avoid hot button issue for as long as they can

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Jake Charles @jacobdcharles.bsky.social · 1d

Correct - I’m saying he surely could have been the 4th vote for cert if he wanted but that he may have been unsure of a 5th vote on the merits & so didn’t for that reason.

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Jake Charles @jacobdcharles.bsky.social · 1d

Promised might be strong! But he could have been the deciding vote in Snope itself, so maybe he’s uncertain if there’s a fifth vote (I doubt his professed reason of percolation is the real reason he didn’t vote to grant then). But I do think there probably are 5 that’ll go that way.

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Jake Charles @jacobdcharles.bsky.social · 1d

Yeah…that seems quite likely…

Jake Charles @jacobdcharles.bsky.social · 1d

This is key - we may get a split soon(ish)

⬇️

bsky.app/profile/mike...

Mike Sacks @mikesacks.bsky.social · 1d

A clean circuit split may, however, be coming soon. The full CA3 vacated its panel ruling upholding NJ's assault weapons ban, and will rehear oral args en banc on October 15. Big Q is if Bove will participate now that he's received his commission. If he does, good chance Kav gets his circuit split.

Mike Sacks @mikesacks.bsky.social · Aug 22

Kavanaugh hinted that he voted against taking up the challenge to MD's assault weapons ban bc there wasn't yet a circuit split.

CA3 heard args against NJ's ban in July with a Dem-majority panel. Just yesterday, the full court ordered en banc args. storage.courtlistener.com/recap/gov.us...

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Jake Charles @jacobdcharles.bsky.social · 1d

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).

Mike Sacks @mikesacks.bsky.social · 1d

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...

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Reposted by Jake Charles

Rockefeller Institute of Government @rockefellerinst.bsky.social · 3d

RGVRC Affiliate Scholar @jacobdcharles.bsky.social provides an excellent overview of this case in our April '22 blog 👇
rockinst.org/blog/missour...

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Reposted by Jake Charles

Guha Krishnamurthi @ggkrishnamoomoo.bsky.social · 4d

Earlier this summer, I presented Textualism Step Zero at the Harvard-Yale-Stanford Junior Faculty Forum

I begin with a confession of my failures and say something about a failure in textualism-hey, and this is different for me-even a way to fix that for textualism!

papers.ssrn.com/sol3/papers....

abstract of my paper Textualism Step Zero

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Jake Charles @jacobdcharles.bsky.social · 5d

Important rundown on the new Second Amendment case the Court will hear this term ⬇️⬇️

firearmslaw.duke.edu/2025/10/what...

What’s at Stake in Wolford? Supreme Court Grants Cert to Review Hawaii’s Sensitive Places Law | Duke Center for Firearms Law

firearmslaw.duke.edu

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Jake Charles @jacobdcharles.bsky.social · 5d

Yupp

Jake Charles @jacobdcharles.bsky.social · 5d

Agree with that - & that it’s just confirming that what Trump/Miller want to impose on schools is not some mandate for them to be viewpoint diverse, but for them to hire people who will say what Trump is doing is good and right and lawful

Jake Charles @jacobdcharles.bsky.social · 5d

I’m all for intellectual diversity in the academy — I just wish we could have an honest conversation about its existence, its relation to other forms of diversity in law schools, its causes, remedial proposals if there’s a problem, etc

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Jake Charles @jacobdcharles.bsky.social · 5d

The fact that there are *multiple* law professors falling over themselves to be Trump’s Carl Schmitt ought to firmly dispel the notion that the academy systematically excludes conservatives from its ranks.

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Jake Charles @jacobdcharles.bsky.social · 7d

Just wait till the headline “Supreme Court temporarily halts lower court order blocking Trump’s flag-burning executive order”

Jake Charles @jacobdcharles.bsky.social · 8d

🚨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...

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Reposted by Jake Charles

Dan Walters @profdanwalters.bsky.social · 8d

Our Center on the Structural Constitution, led by @crockeroncourts.bsky.social and Neil Siegel, has organized an amazing symposium with the Harvard Law Review on the politics and law of judicial review. And the best news is that you can attend online!

harvardlawreview.org/judicial-rev...

Judicial Review in Jeopardy? Symposium - Harvard Law Review

The Harvard Law Review is proud to host, in collaboration with the Center on the Structural Constitution at Texas A&M University School of Law,...

harvardlawreview.org

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Jake Charles @jacobdcharles.bsky.social · 8d

Really fascinating piece that further demonstrates the courts’—& especially the 5th Circuit’s—Second Amendment exceptionalism

Aliza Hochman Bloom @ahochmanbloom.bsky.social · 8d

I've posted a draft essay, titled "The Emerging Firearms Hypocrisy of Terry," which is forthcoming in @stanlrev.bsky.social. It discusses this summer's decision in U.S. v. Wilson and problematic privileging of 2A rights in 4A analysis. Comments are welcome!
papers.ssrn.com/sol3/papers....

Jake Charles @jacobdcharles.bsky.social · 9d

It’s good but…seems in the same spirit as other commentary that lays excessive (imho) blame/credit at the feet of Bluesky. Also—& maybe this’ll just confirm I’m Bluesky-pilled—but I can’t wrap my head around this: “a not-entirely-justified perception that Democrats are not fighting hard enough.”

Jake Charles @jacobdcharles.bsky.social · 10d

Yeah, it’s just usually I see that formulation as “passed by Congress and signed by the President” or similar.

Jake Charles @jacobdcharles.bsky.social · 10d

Hadn't noticed this before in Kavanaugh's Vasquez-Perdomo concurrence, but...is this not suggesting that the President, like Congress, possesses lawmaking power over immigration?

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Jake Charles @jacobdcharles.bsky.social · 10d

Holy smokes - never seen that kind of epigraph-like note on an opinion before!

Andy Sellars @sellars.bsky.social · 10d

AAUP v. Rubio is out, and look at how it starts. storage.courtlistener.com/recap/gov.us...

Ahead of the case caption, a handwritten note: "Trump has pardons and tanks . . . . what do you have?" Judge Young's reply: "Dear Mr. or Ms. Anonymous,
Alone, I have nothing but my
sense of duty.
Together, We the People of the
United States –- you and me --
have our magnificent Constitution.
Here’s how that works out in a
specific case –- "

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Jake Charles @jacobdcharles.bsky.social · 11d

Important 2A cases to watch as we await the orders list from the Supreme Court's Long Conference.

firearmslaw.duke.edu/2025/09/a-se...

A Second Amendment Preview of the Supreme Court’s Long Conference | Duke Center for Firearms Law

firearmslaw.duke.edu

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