Explore The NRA Universe Of Websites

APPEARS IN News Second Amendment

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

Friday, March 24, 2017

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

Judge Neil M. Gorsuch, President Trump’s pick to replace the late Justice Antonin Scalia on the U.S. Supreme court, asserted during his confirmation hearings this week that Scalia’s landmark Second Amendment opinion in District of Columbia v. Heller “guarantees the individual right to keep and bear arms for self-defense.”

Gorsuch made the comment during an exchange with Sen. Dianne Feinstein (D-CA), who was trying to goad him into agreeing with the anti-gun opinion recently issued by the U.S. Court of Appeals for the Fourth Circuit (see story at this link).

He refused to take the bait, however, telling her, “Well, it's not a matter of agreeing or disagreeing, Senator, respectfully it's a matter of it being the law. And -- and my job is to apply and enforce the law.”

Throughout his hearings, Gorsuch deftly answered questions about his judicial philosophy and parried on inquiries that would have required him to prejudge legal issues that he could face as a Supreme Court justice.

His answers made clear, however, that he would staunchly defend Americans’ constitutional rights, including the Second Amendment.  

Urge your Senators to confirm Neil Gorsuch

Urge your Senators to confirm Neil Gorsuch Please contact your U.S. Senators and ask them to confirm Judge Neil Gorsuch for the U.S. Supreme Court. You can call your Senators at (202) 224-3121.

Write Your U.S. Senators

They also reinforced his belief in Justice Scalia’s signature technique of constitutional interpretation known as originalism. This methodology focuses on the actual words of constitutional provisions as they would have been publicly understood at the time of their enactment.

This approaches ensures that the inalienable rights recognized at the founding cannot later be declared null and void by judges who might consider them outdated or counterproductive in the modern world.

As Justice Scalia put it in Heller:

A constitutional guarantee subject to future judges' assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too broad.

Gorsuch paid homage to Justice Scalia in his opening statement at the hearings. Calling Scalia a “mentor,” Gorsuch stated, “He reminded us that words matter. That the judge's job is to follow the words that are in the law, not replace them with those that aren't.”

He also invoked the words of Alexander Hamilton: “"Liberty can have … nothing to fear from judges who apply the law. But liberty has everything to fear if judges try to legislate, too."

President Trump promised to appoint Supreme Court justices who would respect constitutional rights, including the Second Amendment, and who would faithfully apply the law.

Judge Gorsuch embodies those ideals, and his performance this week before the Senate Judiciary Committee gives every indication he will soon get to exercise them as a U.S. Supreme Court justice.

And when he does, all Americans – including gun owners – will be better off as a result.

TRENDING NOW
Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Thursday, February 22, 2024

Louisiana: Senate Passes Constitutional Carry - Take Action Now!

Today, the Senate passed Senate Bill 1, NRA backed constitutional carry legislation, on a 28-10 vote. The bill will next be considered in the House. Please contact your state representative and ask them to SUPPORT Senate Bill 1.

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Monday, February 26, 2024

Louisiana: Constitutional Carry Advances to the House Floor – Final Vote Imminent

Today, the House Administration of Criminal Justice Committee passed the NRA-backed constitutional carry legislation, Senate Bill 1, by a 10-3 vote. The bill now heads to the House floor for a final vote this week. SB 1 ...

Louisiana: House Committee to Hear Constitutional Carry Monday - Take Action Now!

Friday, February 23, 2024

Louisiana: House Committee to Hear Constitutional Carry Monday - Take Action Now!

Monday, February 26, at 10:00 AM, the House Administration of Criminal Justice Committee will hear Senate Bill 1, the NRA-backed constitutional carry legislation. SB 1 was passed by the Senate earlier this week with overwhelming support. Please contact committee members ...

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

Wednesday, February 14, 2024

Minnesota: "Assault Weapons" Ban Referred to the Committee on Public Safety Finance and Policy

On Monday, House File 3570 was referred to the House Committee on Public Safety Finance and Policy and would ban so called “assault weapons” by expanding upon an existing statute used to define these firearms. The bill ...

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Tuesday, February 6, 2024

South Carolina: Permitless Carry Passes the Senate, Waiting on Concurrence by the House

Last week, South Carolina moved one step closer to becoming the 28th state to enact Permitless/Constitutional Carry! This effort has been years in the making, clearing a major hurdle by passing the Senate, which has been ...

Ontario Latest Province to Snub Trudeau’s Gun Grab – “Ontario Should Not Be Spending Taxpayers’ Money Towards the Program”

News  

Tuesday, February 20, 2024

Ontario Latest Province to Snub Trudeau’s Gun Grab – “Ontario Should Not Be Spending Taxpayers’ Money Towards the Program”

The wheels are coming off the mandatory “assault weapon” gun ban and confiscation scheme that Canadian Prime Minister Justin Trudeau launched four years ago.

Virginia: Mandatory Waiting Period and Other Anti-Gun Bills Headed to the Governor's Desk

Friday, February 23, 2024

Virginia: Mandatory Waiting Period and Other Anti-Gun Bills Headed to the Governor's Desk

Contact Governor Youngkin today and urge his veto!  Anti-gun extremists in the Virginia General Assembly have made diminishing your Second Amendment Rights a top priority this legislative session. This week a slew of gun control ...

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

News  

Tuesday, February 20, 2024

Hawaii Justices “Declare War” on U.S. Supreme Court, to the Cheers of Anti-Gun Media

In Hawaii, a man who was peacefully carrying a pistol for his own self-protection while on a nature hike was arrested and subject to felony prosecution under state laws that generally confine the possession of ...

Maine: PETITION: Stand with Maine Gun Retailers

Monday, February 26, 2024

Maine: PETITION: Stand with Maine Gun Retailers

Gun Control groups are launching an all-out assault on the Second Amendment in Maine. Their most recent tactic?

New Hampshire: House Advances Critical Gun Owner Privacy Legislation

Friday, February 23, 2024

New Hampshire: House Advances Critical Gun Owner Privacy Legislation

On Thursday, February 22nd, the New Hampshire House of Representatives held floor votes on gun related bills.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.