At Federal Society Conference, Alito says religious freedom, gun ownership is under attack – SCOTUSblog

570 points

Posted on Friday, November 13, 2020 at 1:32 pm Posted by Calves Gold

Judge Samuel Alito told the Federal Assembly Thursday night that two constitutional protections – the first amendment to the right to freedom to practice religion, and the second amendment to the right to bear arms – are rapidly becoming “second-class” freedoms. Alito’s keynote speech at the group’s 2020 national conference was the first public appearance by a Supreme Court judge (aside from the court’s oral arguments) since the election.

Talk to prof Virtual audience via video, Alito started on a lighter note. He urged attendees, who at previous personal conferences had had a “glass of wine, or two” before the keynote, to take part in a drink of their choice. He also called on any critic to throw “rotten tomatoes” as much as they like: “You will only spoil your screen.”

Soon Alito’s tone turned into sobriety. In what became the subject of his remarks, he quotes Judge Elena Cagan, who declared, while speaking at an event for the Federal Association at Harvard Law School when she was dean, “I love the federal community… but you are not my people.” Alito said the goal was to shine a light on Cultivating a conservative arrangement of spaces that tolerate opposing views, an acceptance that believes “there is now a shortage of supply.”

Alito has moved from law schools to the judiciary, criticizing a proposed measure last year that would have prevented federal judges from retaining membership in ideological groups such as the Federal Society. Alito urged that “we should all express our thanks” to the 200 federal judges who successfully signed a letter opposing the measure, describing these judges as “defenders of freedom of expression”.

The COVID-19 pandemic was the sub-text of this year’s agreement. Alito used it as a lens for his speech. “What does he have?” [the pandemic] What is meant by the rule of law? He asked. Alito stressed that it “does not reduce the threat of the virus to public health” or “the legitimacy of the restrictions of the Coronavirus,” and said that the epidemic “has resulted in previously unimaginable restrictions on individual freedom.”

Alito suggested that you take the plight of the Calvary Chapel outside Carson City, Nevada. the church Soliciting unsuccessfully The Supreme Court this summer to allow it to expand its services in the face of a regulation by Governor Steve Sisolak (Democrat) that limits religious gatherings to 50 people while allowing casinos to operate at 50% of capacity. By rejecting the church’s petition, Alito claimed that the court “allowed it [religious] Discrimination in standing “by a governor who chose to submit to the” largest industry “in his state.

Alito said the Nevada case points to a larger trend: “the dominance of law-making by executive order rather than legislation.” By acquiescing in policymakers who are “believed to be implementing policies based on expertise … in the purest form of scientific expertise,” Alito warned that the swell of executive power in the face of crises opens the door to abuse of enshrined freedoms.

For Alito, religious freedom is most at risk. Alito said with regret that “religious freedom is rapidly becoming an objectionable right.” The most prominent example of this discontent in the minds of justice was the 1990 court ruling in Division of Employment against SmithIt was written by Judge Antonin Scalia, who “severely curtailed” free practice by demonstrating that religious groups are usually not entitled to religious exemptions from generally applicable neutral laws. Alito praised Congress for passing, with near-unanimous support, the Religious Freedom Restoration Act of 1993 to respond to that very decision. The Supreme Court is considering whether to invalidate Smith The term is in Fulton vs. Philadelphia. And the afternoon of Alito’s speech, the Catholic diocese of Brooklyn Request from the court for emergency relief Calvary Chapel in Nevada has similar coronavirus regulations in New York similar to those previously sought.

Alito said, “Whether our society will be inclusive enough to tolerate those who hold unpopular religious beliefs,” is the question we now face. He listed a number of recent examples brought before the Supreme Court, from the “protracted campaign against Young Sisters of the Poor, “to me Backlash against a baker in Colorado Those who refused to offer a wedding cake to a same-sex couple, by order of a federal judge Prevent federal regulation during a pandemic Patients are required to make a personal visit to a medical office to receive the contraceptive pill used to induce abortion. Indeed, Alito claimed the situation is so dreadful that students, professors, and staff today “cannot say that marriage is a union between a man and a woman.” It is believed that the culture of censorship “should not be a surprise” after the 2015 Supreme Court ruling Aubergeville v. Hodges The state ban on same-sex marriage was removed.

Religion was not the only goal that worried Alito. Al-Adl said, “The truth of the absolute second degree in the minds of some is the Second Amendment.” Given the issue of the last term on firearms restrictions in New York City, Alito A. Summary of five Democratic senators Which indicates that the court’s decision to file the case was evidence of its seizure by right-wing financial interests and threatened to “restructure” the court. The judges They voted to dismiss the case Rather than judging the merits. Although he “did not suggest that the court’s decision was influenced by the senators’ threat, ”Alito was“ concerned that it might be perceived in this way ”by senators and others who wanted to“ bully ”the judges. “The Senate summary was extraordinary,” Alito said. “It was an affront to the constitution and the rule of law.”

Alito closed with two judges honors. The first was Scalia, the founder of the Federalist Society and a pioneer in the judicial philosophies of originalism (the interpretation of the constitution as it was intended when it was written) and textualism (the interpretation of laws through their written text only). The second was Kagan who said thatWe all eat now“And the”We are all authentic nowTo Alito, the profound influence of Scalia’s jurisprudence.

Whether referring to decisions made under the shadow of the epidemic, or to other cases of this past term, Alito warned that,[w]We have seen the emergence of “false aberrations” from Scalia’s theories. He concluded that combating these aberrations is not just for judges. “In the end, there is a lot the judiciary can do to preserve our constitution,” Alito said. “Defending our freedom” is the job of “all Americans.”

Published in Featured, what is happening now

Recommended quote:
Calves Gold,
At the Federal Community Congress, Alito said that religious freedom, and gun ownership is under attack,
Scotus Blog (November 13, 2020, 1:32 pm), – attack/

Like it? Share with your friends!

570 points


Your email address will not be published. Required fields are marked *