Law prof's caution on Alito
A pro-Second Amendment law prof emailed me:
Don't bet the farm.
Jodge Alito would give Congress the green light, under the commerce clause to regulate - BAN - firearms "if Congress as a whole or even one of the responsible congressional committees had made a finding that intrastate machine gun possession, by facilitating the commission of certain crimes, has a substantial effect on interstate
There has never been any requirement that Congress make "findings" that are true or even supported by evidence. And no court will second-guess Congress on the issue of "substantial[ness]" of the effect.
This is a GIANT loophole in the record of a Judge from anti-gun New Jersey who has never spoken directly on the issue of firearms or the Second Amendment.
His record provides no positive basis to suppose he's pro-Second Amendment. He might be, he might not.