Explore The NRA Universe Of Websites

APPEARS IN News

Justice Ginsburg Once Again Shares Her Intent to Overturn Heller

Friday, July 15, 2016

Justice Ginsburg Once Again Shares Her Intent to Overturn Heller

This past week, Associate U.S. Supreme Court Justice Ruth Bader Ginsburg gave a series of controversial interviews for which she has received nearly universal condemnation, even from the usually-fawning establishment press. Most of the headlines focused on Ginsburg’s derogatory statements regarding presumptive Republican presidential nominee Donald Trump. However, just as important were comments signaling her intent to overturn the Supreme Court’s landmark decision in District of Columbia v. Heller, which held that the Second Amendment protects an individual right to keep and bear arms. Ginsburg signed onto Justice John Paul Stevens and Justice Stephen Breyer’s dissents in Heller and Breyer’s dissent in McDonald v. Chicago, which applied Heller’s protections to the actions of state and local governments.

The write-up of an interview Ginsburg gave to the New York Times contained the following:

[Ginsburg] mulled whether the court could revisit its 2013 decision in Shelby County v. Holder, which effectively struck down a key part of the Voting Rights Act. She said she did not see how that could be done.

The court’s 2008 decision in District of Columbia v. Heller, establishing an individual right to own guns, may be another matter, she said.

“I thought Heller was “a very bad decision,” she said, adding that a chance to reconsider it could arise whenever the court considers a challenge to a gun control law.

Curiously, the New York Times later significantly altered the part of their story pertaining to Ginsburg’s remarks on Heller, as pointed out by Jonathan Adler of the Volokh Conspiracy. The altered version removed the portion regarding Ginsburg’s contention that “a chance to reconsider [Heller] could arise whenever the court considers a challenge to a gun control law.” The Times eventually restored the missing portion of the story, but did not provide a satisfactory reason for the alteration.

This is not the first time that Ginsburg has shared her desire to overturn Heller. On December 17, 2009, Ginsburg delivered a lecture titled “The Role of Dissenting Opinions” to the Harvard Club of Washington, D.C., a version of which was later published in the Minnesota Law Review. In the lecture, Ginsburg described Stevens and Breyer’s dissents in Heller as “appealing to the intelligence of a future day.” Insultingly, Ginsburg listed the - in her view incorrect - Heller decision, which recognized a fundamental right, alongside the notorious Dred Scott v. Sanford decision, which extinguished the rights of African Americans.

Ginsburg is wrong in her opposition to Heller’s recognition that the Second Amendment protects an individual right to keep and bear arms. There is an abundance of resources firmly establishing that the framers of the Bill of Rights intended the Second Amendment to protect an individual right. Those seeking to learn more about the proper interpretation of the Second Amendment would do well to start by reading Justice Antonin Scalia’s opinion in Heller, NRA’s amicus brief from Heller, the “Right to Keep and Bear Arms” report of the U.S. Senate Judiciary’s Subcommittee on the Constitution, and The Founders’ Second Amendment: Origins of the Right to Keep and Bear Arms by Stephen P. Halbrook.

By insulting Trump, Ginsburg revealed her obvious preference for Hillary Clinton. While inappropriate, this is a fitting endorsement, as there is every indication that Ginsburg’s preferred candidate is on board with her plans to overturn Heller.

Clinton, or her surrogates, have repeatedly indicated that Clinton seeks to overturn Heller. At a September 25, 2015 fundraiser held at a private residence in Manhattan, Clinton expressed her disdain for Heller. An audio recording captured Clinton stating, “the Supreme Court is wrong on the Second Amendment. And I am going to make that case every chance I get.”

On May 7, Trump accurately told his supporters that “Hillary Clinton wants to abolish the Second Amendment.” In a failed attempt to refute the presumptive Republican nominee’s comments, Clinton campaign spokesman Josh Schwerin admitted that Clinton “believes Heller was wrongly decided…”

On May 30, New York Magazine published an article that gave an account of a Clinton campaign event in Bridgeport, Conn. During a meeting with a family who suffered the loss of a loved in the shooting in Newtown, Conn., Clinton explained that she has already made plans for gun control with Sen. Chuck Schumer (D-N.Y.), and stated that Heller was “a terrible decision.”

Following a public outcry that spanned the political spectrum, Ginsburg offered something of an apology for her foray into political punditry, acknowledging that “Judges should avoid commenting on a candidate for public office.” While Ginsburg's recent outburst is unbecoming of a Supreme Court justice, it has provided a valuable public service. Ginsburg has made it perfectly clear to the American people, that with the next president likely to appoint multiple Supreme Court justices, their constitutionally-protected right to keep and bear arms is on the line.

TRENDING NOW
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Study Suggests “Safe Storage” Mandates are Ineffective

News  

Wednesday, September 23, 2026

Study Suggests “Safe Storage” Mandates are Ineffective

While it likely comes as no surprise to most readers, a recent study suggests that government-mandates that law-abiding gun owners always secure their firearms when “not in use”—usually unloaded, separate from ammunition, and either in ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.