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Some have asked whether the choice of Attorney General matters for the Second Amendment and for federal gun control policy. It does. Ultimately, the Attorney General controls ATF and its director. See 28 U.S.C. § 599A(a).

With President Biden's pardon of his son, Hunter regains his rights to possess and carry a firearm. President Biden could have pardoned him without restoring his gun rights. See 18 U.S.C. § 921(a)(20).

Analysis: Gun-Rights Advocates Would Benefit More From ATF Reform Than the Agency’s Elimination (By Robert Leider) Link: thereload.com/analysis-gun-r…

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.

I hope John Doe 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.

nytimes.com/2024/12/23/us/… 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.

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.

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.

reason.com/volokh/2025/01… My analysis of yesterday's oral argument in Barnes v. Felix, which involves how courts analyze police use of force. My thanks to Volokh Conspiracy and William Baude for posting.

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

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

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