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The Latest Breaking News from Salerno

Second Amendment Roundup: Hawaii's Ban on Firearms on Property Open to the Public

In Wolford, the Supreme Court should clarify the facial/as-applied issue.

The As-Applied/Facial Fad Comes for the Equal Protection Clause

Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause.

Second Amendment Roundup: 4th Circuit Upholds Park Ban

Under Salerno test, ban held not to be invalid in all circumstances.

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6 Cases That Paved the Road to Mass Incarceration

In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.

Will Salerno Replace Chevron?

Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Costs and Benefits of Due Process

How should we weight the costs and benefits when we conduct due process balancing?

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The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

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