More from the Justice’s speech
BLUF:
If you’ve got an hour or so and you’re a legal geek like me, go watch Alito’s entire speech and read the brief that I linked above. Obviously Alito wasn’t going to say anything unbecoming of a Supreme Court justice, but I was struck by his quiet indignation over the NYC gun case, the second-class status of the Second Amendment, and the threats of “restructuring” the Court by Senator Sheldon Whitehouse and four other Democratic senators. I get the feeling that Justice Alito is itching to take another Second Amendment case soon, and Lord knows there are plenty in the pipeline for him and his colleagues to accept in the months ahead.
Alito: Senators’ Threats In 2A Case “Affront To The Constitution”
Supreme Court Associate Justice Samuel Alito’s address to the Federalist Society on Thursday night is making headlines today largely for his comments about COVID-19 and the threat that the pandemic poses to individual liberties, but I’m surprised that more people aren’t talking about Alito’s reserved smackdown of five Democratic senator who threatened the Court with “restructuring” if it didn’t drop a challenge to a New York City gun law. The case, known as New York State Rifle & Pistol Association v. City of New York, ultimately was mooted by the Court earlier this year after New York City changed the law being challenged after SCOTUS agreed to hear the case.
Reason has a full transcript and video of Justice Alito’s remarks, but I want to focus on what he had to say about our right to keep and bear arms.
Of course, the ultimate second tier constitutional right in the minds of some is the Second Amendment right to keep and bear arms. From 2010, when we decided McDonald v. Chicago, until last term; the supreme court denied every single petition asking us to review a lower court decision that rejected the Second Amendment claim. Last year, we finally took another second amendment case. And what happened after that is interesting.
This isn’t the first time that Alito has complained about the Second Amendment being treated as second-class right. Alito penned the majority opinion in the McDonald case, and a decade ago he warned that the right to keep and bear arms rests on the same footing as the rest of our individual rights. Continue reading “”

