Robert Leider

Professor of Law, GMU, Antonin Scalia Law School. Interests include the right of self-defense, gun laws, and the Second Amendment.

[Robert Leider @LeiderRob]

@MorosKostas Actually, it was surprisingly difficult to find a law review willing to publish it. The article went through multiple failed submission cycles. Thankfully, the article found a home this year with @NotreDameLRev.

[Robert Leider @LeiderRob]

This also comes with the disclaimer that the views expressed in the article represent my personal views. They are not necessarily the views of the United States, the Department of Justice, or the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

[Robert Leider @LeiderRob]

The Individual Right to Bear Arms for Common Defense, is now forthcoming in the @NotreDameLRev. The article connects an individual right to keep and bear arms to the Constitution's military structure. I have posted an updated draft to SSRN.
https://t.co/Y4IXrzuedO

[Robert Leider @LeiderRob]

My thanks to @adamwinkler and to the many other commentators who provided incisive feedback at USD's Originalism Conference in February 2025. This is also the article mentioned in a recent episode of @rationallypod.

[Robert Cekada @ATFDirectorRC]

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

[William Baude @WilliamBaude]

Fear of Balancing, by me, forthcoming in the Supreme Court Review:

[Robert Leider @LeiderRob]

Congratulations to C’Zar on the well-deserved clerkship.

[GW Law @gwlaw]

#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. https://t.co/HswnuUPlrP

[Robert Leider @LeiderRob]

Thank you @lsolum for the recommendation, and thank you to the Originalism Conference at USD for allowing me to present the paper.

[Lawrence Solum @lsolum]

Leider on the Right to Bear Arms for the Common Defense, https://t.co/RYMdPdwWMG - Robert Leider (George Mason University - Antonin Scalia Law School) has posted The Individual Right To Bear Arms For Common Defense on SSRN.

[Robert Leider @LeiderRob]

https://t.co/r1otgcz9uN
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.

[Robert Leider @LeiderRob]

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.

[Stephen E. Sachs @StephenESachs]

Why do this when heading out the door, when nothing has changed since 2020? An act of constitutional vandalism

[Robert Leider @LeiderRob]

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.

[Robert Leider @LeiderRob]

https://t.co/TjR4UUM9Kw
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

[Robert Leider @LeiderRob]

https://t.co/88BJrGnP8j
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.

[Robert Leider @LeiderRob]

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.

[Robert Leider @LeiderRob]

https://t.co/fyPJmCibRQ
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.

[Robert Leider @LeiderRob]

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.

[John Doe @fedjudges]

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.

[Robert Leider @LeiderRob]

@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.

[Robert Leider @LeiderRob]

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.

[John Doe @fedjudges]

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.

[Robert Leider @LeiderRob]

@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.”

[Robert Leider @LeiderRob]

@LakeShowLeg From Matthew Madden:

https://t.co/yCRkuIFk0g