November 16, 2020

A Justice Speaks Out

Justice Samuel Alito warns that our most fundamental rights are under siege.

It’s no surprise that Supreme Court Justice Samuel Alito’s speech last week to The Federalist Society’s National Lawyers Convention received little coverage in the popular press. Why would it? Alito lacks the rhetorical flourish and the mischief-making wit of his late Supreme Court colleague Antonin Scalia, and he was speaking a language — the language of Liberty — that those in the Leftmedia neither understand nor appreciate.

Nor, it seems, are a majority of Justice Alito’s colleagues on the High Court fluent in that language.

In this respect, Alito seems like a quietly but firmly conservative version of the late Democrat Senator Paul Wellstone, who often took a friendly swipe at his consensus-seeking colleagues. “I’m from the Democratic wing of the Democratic Party!” he’d roar. Similarly, it seems, Justice Alito is from the conservative wing of the Supreme Court’s conservative majority.

“The pandemic has obviously taken a heavy human toll,” Alito began. “Thousands dead, many more hospitalized, millions on employed the dreams of many small business owners dashed. But what has it meant for the rule of law? I’m now going to say something that I hope will not be twisted or misunderstood. But I have spent more than 20 years in Washington, so I’m not overly optimistic. In any event, here goes. The pandemic has resulted in previously unimaginable restrictions on individual liberty. Now, notice what I am not saying or even implying: I am not diminishing the severity of the virus’s threat to public health. And putting aside what I will say shortly about a few Supreme Court cases, I’m not saying anything about the legality of COVID restrictions. Nor am I saying anything about whether any of these restrictions represent good public policy. I’m a judge, not a policymaker. All that I’m saying is this, and I think it is an indisputable statement of fact: We have never before seen restrictions as severe, extensive, and prolonged as those experienced for most of 2020.”

Justice Alito went on to cite concrete examples of this erosion of our rights, most of them enshrined within the First Amendment. “It pains me to say this,” he said, “but in certain quarters, religious liberty is fast becoming a disfavored right.”

He then expressed disappointment that the High Court had refused to hear cases in California and Nevada that he said blatantly disregarded our fundamental rights by denying people the ability to congregate and worship. “If you go to Nevada,” he said, “you can gamble, drink, and attend all sorts of shows, but here’s what you can’t do: If you want to worship, and you are the 51st person in line, sorry, you are out of luck.”

If, as de Maistre said, people get the government they deserve, then the people of Nevada are getting it good and hard under Democrat Governor Steve Sisolak. As Justice Alito put it, “Forget about worship and head to the slot machines — or maybe a Cirque du Soleil show. Now, deciding whether to allow this disparate treatment should not have been a very tough call. Take a quick look at the Constitution. You will see the Free Exercise Clause of the First Amendment, which protects religious liberty. You will not find a craps clause or a blackjack clause or a slot-machine clause.”

Alito’s speech covered other cases of discrimination against speech and religion, and it’s well worth listening to. He closed by noting, “There is only so much that the judiciary can do to preserve our Constitution, and the Liberty it was adopted to protect. As Learned Hand famously wrote, ‘Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can do much to help it.’”

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.