Another Brady Center press release on Alito
Brady Center has issued another one. This is pretty good. They excoriate Alito for not showing more deference to Congress (i.e., not figuring it has the Constitutional power to do something -- because it wants to do something). It gets upset that Alito's dissent asks the the government come forth with "empirical evidence" that the action forbidden is actually within Congress's power over interstate commerce. And protests why should this be required, "beyond the substantial findings already made by Congress" -- nevermind that the 1986 amendment which added 18 USC 922(o) had no relevant findings attached.
It calls it an "example of judicial activism at its worst." To which the best response is Hinderaker's article below. It is NOT judicial activitism to recognize what is expressly in the Constitution.