No doubt Alito will continue to deny that he should recuse from cases involving the Jan. 6 insurrection or Donald Trump's efforts to overthrow democracy. But these comments are further proof that Alito should resign his position altogether. Despite Alito's claims to believe in "originalism" and insistence on interpreting the Constitution as "people would have understood it to mean at the time it was written," his comments show he rejects the basic tenets of our founding document. As imperfect as the Constitution is, its drafters did come up with an elegant pathway to the compromise Alito denies is possible. Alito only needs to reread the First Amendment, which offers the solution, even if he doesn't like it.
As a refresher, since it seems it's been a while since Alito read it, the First Amendment forbids the government from "establishment of religion" or "prohibiting the free exercise thereof." Or, in modern parlance, when it comes to religion, you do you. If you, like the Alitos, have religious beliefs prohibiting homosexuality or abortion, well, lucky you! The government will not force you to be gay or abort a pregnancy. By the same token, if my belief system is more liberal and tolerant, then I'm also free to do gay stuff or have an abortion. Everyone can even hang flags declaring their views, and no, you aren't being "canceled" if someone doesn't like your particular flag.
-Amanda Marcotte in Salon.com
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