Associate Professor @SMULawSchool, Fellow @BrennanCenter. Writing on violence, guns, the 2A, and criminal law. Views are my own. RTs aren’t endorsements.
New draft alert! "Scientific Context, Suicide Prevention, and the Second Amendment," forthcoming in @MinnesotaLawRev, reveals challenges of applying Bruen in an area of immense scientific progress, suicide-prevention laws. Comments welcome!
https://t.co/dNaYliPcOW
What role do scholars play in shaping constitutional law?
In a new essay, Professor @ericmruben and @AndrewWillinger, executive director of @DukeFirearmsLaw, examine how legal scholarship is driving the Supreme Court’s approach to the Second Amendment.
Read: https://t.co/zhLx48IX5J
In a new guest post today, @ericmruben considers whether state constitutional "strict scrutiny" amendments for gun rights - which have been enacted or proposed in a number of states since Bruen - are still relevant.
https://t.co/wecftUp7Bt
Excited to see my new article, “Stereotypes as Character Evidence,” published in the Stanford Law Review! Many thanks to the @StanLRev editors for their wonderful work on my article.
Professor @ericmruben recently spoke with @NPR's @NinaTotenberg regarding a SCOTUS case about the regulation of 'ghost guns.'
🔗 Read or listen here: https://t.co/OYdy40WT8Y
Rahimi demonstrated for courts how they should be operating at a higher level of generality than the nitpicking historical analysis we’ve seen since Bruen.
That’s good, but how much will it really rein in courts that are adrift after Bruen? Not a lot, explains @JacobDCharles 👇
NEW: SCOTUS's Rahimi decision leaves LOTS of open questions for state courts, which are where the bulk of 2nd Amendment litigation actually takes place. @ericmruben writes for @StateCourtRpt about this new landscape. @BrennanCenter@SMULawSchool https://t.co/Htj3BrNKLZ
Overlooked: state cts resolve more 2A claims than fed cts and are extremely burdened by SCOTUS's ambiguous recent guidance.
I highlight that burden and how Rahimi does little to resolve it (even in DV cases) @statecourtrept @BrennanCenter@SMULawSchool
https://t.co/gevaAjJ89v
@narosenblum@OrinKerr the selection bias here is especially striking in an opinion that goes to such lengths to argue that history and tradition minimizes judicial bias.
Exciting to see Justice Jackson citing my work with Joseph in her concurrence. The opinions -- 103 pages' worth -- reflect an effort to climb out of the hole Bruen created. Ultimately, lower courts will still be adrift, and SCOTUS will have a lot more clean-up work to do.
Justice Jackson cited Brennan Center Fellow @ericmruben in her concurrence in U.S. v. Rahimi, repudiating some of the damage from Justice Thomas's disastrous decision in Bruen.
SCOTUS’s opinion in Vidal v. Elster = rich text for the Court’s originalist turn. Lots of scuffling about how/if to use history. Barrett with scorching anti-originalist commentary. Sotomayor tag-teaming. All told, more signs of rifts in the originalist consensus. 👇🧵
After this morning's "bump stock" ruling came down from the Supreme Court, our fellow and 2nd Amendment expert @ericmruben told @MSNBC, "the outcome of this opinion means that those bump stocks are now back in civilian hands until Congress acts."
Important article alert 🚨@ericmruben recently published the first article to assess Bruen as it applies to suicide-prevention laws. Article linked below⤵️
Professor @ericmruben's article, "Scientific Context, Suicide Prevention, and the Second Amendment After Bruen," was published in the @MinnesotaLawRev.
"This Article is the first to assess Bruen as it applies to suicide prevention laws, and, in doing so, illuminates another form of change that complicates Bruen’s implementation: scientific progress."
🔗 Read: https://t.co/J0eEDAE9Iq
This paper examines how the #SupremeCourt's ruling in New York State Rifle & Pistol Association v. #Bruen applies to #suicideprevention laws & the challenges posed by scientific progress.
Read: https://t.co/2IVoOszWGE
Subscribe: https://t.co/2YDg3t6B4p
@SMULawSchool@ericmruben