Justice Samuel Alito has been a staunch defender of the Second Amendment. He, along with Clarence Thomas, has been part of the biggest Second Amendment rulings in American history, from Heller to Bruen.
And now, word is that he may be stepping down. That's both good and bad news.
It's bad news because, well, he's been in our corner since his confirmation. He might not have always been able to make it so the court would take Second Amendment cases, but since they've taken them, he's been at the forefront of restoring our rights to something akin to what they should be.
That's going to suck.
However, over at Ammoland, John Crump hits at some of the reasons why his retirement is a good thing.
In the corridors of Washington, D.C., whispers of Supreme Court Justice Samuel Alito’s potential retirement have grown into a roar. At 75 years old and marking 20 years on the bench, Alito’s upcoming book release on October 6, 2026, just one day after the start of the Court’s new term, has fueled intense speculation that he may step down to ensure his conservative legacy endures under President Donald Trump’s second term. With Republicans holding the Senate majority ahead of the 2026 midterms, the timing appears strategic: a retirement now could allow Trump to appoint a like-minded successor before any potential shift in Senate control.
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Why 2026 Timing Matters Politically
The political landscape in 2026 adds urgency to the speculation. Trump’s administration has prioritized judicial appointments, having already reshaped the federal judiciary with over 200 conservative judges in his first term. With no current vacancies on the Supreme Court, attention has focused on Alito and Justice Clarence Thomas, both in their mid-to-late 70s, as likely to retire while Republicans control the confirmation process. Analysts suggest Alito’s book timing signals a desire to avoid the Court’s busy October docket, allowing him to promote his work post-retirement while ensuring a successor who aligns with his originalist views on the Constitution, including robust protections for gun owners.
Gun rights advocates are particularly attuned to this development. Alito’s input in the Bruen opinion emphasized that the Second Amendment protects an individual’s right to carry firearms for self-defense outside the home, invalidating laws without historical analogues from the Founding era. This has empowered challenges to modern gun laws, leading to rulings against bans on high-capacity magazines and restrictions on “ghost guns.” A replacement who deviates from this stance could tip the balance in future cases, such as ongoing disputes over red-flag laws or assault weapon prohibitions. Conversely, a staunch conservative could extend Bruen’s reach, further limiting state-level gun control efforts.
In other words, Alito is doing his best to make sure that his replacement won't upset the current balance of power on the Court.
Yeah, they don't always vote the way we might like, but there's only so much one man can do, and so it's likely he'll be replaced by someone at least close to as pro-gun as Alito has been.
Look, the last thing we need is another Ruth Bader Ginsburg situation, where a pro-gun justice dies while on the bench with an anti-gun president in the White House. While there's still a mostly pro-gun majority remaining, it might not be enough to actually make the Court take the cases in the first place, which is kind of an important step.
Alito stepping down while there's still plenty of time to get not just a new nominee named, but confirmed, by the Trump administration, and the Second Amendment protected for the foreseeable future.
Yeah, we lose a pro-gun voice, and what we get might not be as pro-gun, unfortunately, but it's better than another justice who doesn't even seem to understand the law, the cases before them, or anything like that other than a profound desire to support every authoritarian action the left wants to embrace.
