Supreme Court Justice Samuel Alito is “not surprised” by the blowback he received after he gave a speech last year defending religious freedom during the coronavirus pandemic.
Alito, who on Sunday celebrated his 15th anniversary on the high court, told USA Today that “virtually every substantive point” in his controversial keynote address at a Federalist Society dinner was pulled from opinions he had already written for the court. In the remarks, the justice touched on a series of religious liberty issues and warned that corporate and academic leaders are displaying a “growing hostility to the expression of unfashionable views,” including the free expression of faith.
Alito, in his speech, said that the court has a responsibility to protect freedom of speech, which he added that, up to that point, it had not adequately done in a series of cases where churches sued state governments for restricting worship services during the pandemic. He singled out a case in Nevada as an example, where Democratic Gov. Steve Sisolak allowed casinos to open at 50% capacity while restricting churches more harshly.
The court later reversed course on the issue, deciding in favor of a slew of churches after Justice Amy Coney Barrett ascended to the court.
Alito also criticized the way in which the court handled Obergefell v. Hodges, the landmark 2015 decision legalizing gay marriage. That ruling, he said, opened the door for accusations of “bigotry” for religious people who believe that marriage is the union of a man and a woman.
After the speech, Alito’s critics laid into him on social media. Many court reform activists accused him of partisanship. Massachusetts Sen. Elizabeth Warren joined the fray, calling the speech “nakedly partisan.”
“Supreme Court Justices aren’t supposed to be political hacks,” she tweeted.
Alito is considered one of the most conservative members of the court, along with Justice Clarence Thomas.
