Professor of Law, GMU, Antonin Scalia Law School. Interests include the right of self-defense, gun laws, and the Second Amendment.
Joined March 2022
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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.
papers.ssrn.com/sol3/papers.…
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 Leider retweeted
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
Congratulations to C’Zar on the well-deserved clerkship.
#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. law.gwu.edu/gw-law-alumnus-c…
Thank you @lsolum for the recommendation, and thank you to the Originalism Conference at USD for allowing me to present the paper.
Leider on the Right to Bear Arms for the Common Defense, buff.ly/3WVZNky - Robert Leider (George Mason University - Antonin Scalia Law School) has posted The Individual Right To Bear Arms For Common Defense on SSRN.
reason.com/volokh/2025/01/23…
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.
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.
cdn.ca9.uscourts.gov/datasto…
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
firearmslaw.duke.edu/2022/12…
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.
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.
nytimes.com/2024/12/23/us/po…
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.
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.
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.
Robert Leider retweeted
Analysis: Gun-Rights Advocates Would Benefit More From ATF Reform Than the Agency’s Elimination (By @LeiderRob)
Link: thereload.com/analysis-gun-r…
nbcnews.com/politics/nationa…
This proposal would dangerously intermix two legal authorities. Under the Constitution, the federal government cannot use force to protect a state against domestic violence without the state's request. See U.S. Const. art. IV, § 4; 10 U.S.C. § 251. 1/2
But the federal government can defend federal law without relying on state law enforcement. See 10 U.S.C. § 252. Making federal enforcement subservient to state governments undermines the paramount authority of federal law. Imagine if that had been the policy during Jim Crow.