Breyer Replacement An Opportunity For Second Amendment Supporters

The Roberts Court, April 23, 2021
Seated from left to right: Justices Samuel A. Alito, Jr. and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Stephen G. Breyer and Sonia Sotomayor
Standing from left to right: Justices Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, and Amy Coney Barrett.
Photograph by Fred Schilling, Collection of the Supreme Court of the United States

Supreme Court – -( Let’s get one thing straight: Due to the failure of Second Amendment supporters to push Donald Trump and pro-Second Amendment senators in Georgia over the finish line, retiring Associate Justice Stephen Breyer will likely be replaced by another anti-Second Amendment extremist. That said, it still presents a huge opportunity for Second Amendment supporters.

First of all, we need to disabuse ourselves of the notion that this Supreme Court nominee will be anything but a vote to overturn Heller. That should be clear. But Second Amendment supporters should hope that ultimately, whoever Biden picks has a temperament closer to Sonia Sotomayor’s.

National Review’s Charles C. W. Cooke points out the reasoning very simply: All things being equal, a Sotomayor-esque justice will actually make it more likely that Roberts and Kavanaugh, the “swing” votes on SCOTUS, will side with Thomas, Alito, Gorsuch, and Barrett on Second Amendment cases (and others that matter to Second Amendment supporters).

Yes, it will be a lifetime vote against the Second Amendment, but if we are to have an anti-Second Amendment extremist on the court, it is better that the anti-Second Amendment justice be someone who most will see as an extremist and not one with a “moderate” face. That will be something crucial to secure not just Heller, but future cases like NYSRPA v. Bruen.

Second, this is the time to make it clear to some putative allies (Manchin, Sinema, Tester, and Angus King) that judicial nomination votes are a big part of our calculus. Yes, Susan Collins, Lisa Murkowski, and Lindsey Graham have voted for anti-Second Amendment nominees in the past and could vote for Biden’s pick to replace Breyer, but they also have a long record of voting for pro-Second Amendment judges as well. Manchin, King, Sinema, and Tester have no such mitigating factors in their record.

Third, this fight is always an opportunity to remind our fellow Americans of the importance of the Supreme Court, and to remind them of how anti-Second Amendment extremists are embracing “packing” the court with additional members. The Supreme Court is often not on people’s minds. It would be ideal if so much didn’t ride on it, but we are living in times in which the Supreme Court is needed to strike down anti-Second Amendment laws.

Second Amendment supporters may not succeed in getting a pro-Second Amendment justice to replace Stephen Breyer. They may not even stop an extreme anti-Second Amendment justice from being confirmed. However, it is a good chance to point out to fellow Americans the consequences of failing to defeat anti-Second Amendment extremists at the federal, state, and local levels in the 2022 midterms.

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post,, and other national websites.Harold Hutchison

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Let’s get one thing straight if they are not there to rule according to the Constitution as the framers intended they shouldn’t be serving the people.


After I read that first sentence, Must be Harold.

Country Boy

I also.


What took so long? I read title, guessed and scanned down to byline. He is right that we need to make best of it, but biden will nominate someone antithetical to our rights. Our best hope is to minimize the damage by pushing for someone who is not too far left or for someone ready to kick the bucket. According to Cruz the selection of senators up for re-election this cycle is not favorable. At same time if we do not hold a majority, democrats have already demonstrated their ability and willingness to shuffle calendar so the can get their… Read more »

Paul Valone

You say, “Let’s get one thing straight: Due to the failure of Second Amendment supporters to push Donald Trump and pro-Second Amendment senators in Georgia over the finish line, retiring Associate Justice Stephen Breyer will likely be replaced by another anti-Second Amendment extremist.” Harold, as one who actually sent teams of volunteers from North Carolina to Georgia to work gun shows for the Georgia runoffs; as one who spent thousands of dollars building a list of all Georgia gun shops and mailing them displays of professionally designed palm cards emphasizing that control of the US. Senate was at stake; as one who… Read more »


Georgia has a connection to China it is very disturbing easy to read about. Kemp is ineffective Georgia is pro gun look at yesterday’s rulings on constitutional carry or no concealed carry permit needed Kemp if he wants to remain in power will have to pass this legislation before the election.
Stacy has a war chest building and she will be a problem because of color not because she has any experience to be governor the tribe will support her no matter what even if she was deaf dumb and blind.


“Breyer Replacement An Opportunity For Second Amendment Supporters”

LOL. I’ve been hanging out here too long. As soon as I scanned the headline I knew who the author was without looking.

Jesus, Harold. Get a friend to read your stuff before you post it!

Last edited 1 year ago by DDS
Ansel Hazen

Lol, a REAL friend, one who will be brutally honest.

Country Boy

Let’s get one thing straight: Due to the failure of The Republicans and DOJ/FBI to UPHOLD AND ENFORCE OUR COUNTRY’S Constitutional voting laws and allowing the Democrats to cheat the 2020 POTUS election in every conceivable way possible to win an illicit victory for office of POTUS and VP, which allowed our corrupt government to deny Donald Trump’s legal victory, and thus allowed a cheating Joe Biden to be pushed across the finish line,thus retiring Associate Justice Stephen Breyer will likely be replaced by another anti-Second Amendment extremist.

There FTFY Harold.


Damn, another acronym that I didn’t know. Well learned something new today. FTFM

Country Boy

it’s FTFY…. not FTFM


LOL Fixed that for ME


Well that’s a mouthful and very true, When those individuals in the FBI went free without prosecution wrote books kissed and made up the democrats and republicans showed their true colors Fear the deep state it has players on both sides of the isle The alphabet agencies of the federal government CIA FBI NSA FDA CDC THERE IS A LONG LIST, and that list needs to be shortened Trump was correct we need less government agencies. Even as the democrats tied his hands with appointments not confirming them. Trump kept his campaign promises working with less and getting more done… Read more »

Henry Bowman

Once again, Little Quisling Harold attacks gun owners without cause. It’s as though he was working for the anti-gun side, blaming the POTG. With ‘allies’ like Harold, who needs enemies??
HH needs to go. He is universally disliked by Ammoland readers.


Well, Harold, just like everything else this fraudulent administration does this too will have to be voided. Anyone working with the illegal administration will need to be be charged as complicit. Yes, I do know what it will take to do that and it is coming with the collapse.

Wild Bill

Hey QM, is it just me or have you been absent for a while? Welcome back!


The court has lost its way it is now political in nature one hundred thousand children on ventilators Sonia my dear common sense and the rule of law that is why you are there. Chief Justice Roberts yes you can change your views on life more to the left that is America’s great gift freedom to express yourself Please just stick to the laws and leave your political opinions for your lunch break. First responders who were on the front lines before the vaccine experiment risk their lives for many. The vaccine companies want no liability for their product they… Read more »

Wild Bill

I’m thinking that Injustice Roberts has to support the Biden crime family to avoid his Epstein connection being investigated. I could be wrong.

Ansel Hazen

You could also be right.


Sounds reasonable he has turned to the left during Obama

Ansel Hazen

Harold, you’re wasting your time even hoping Angus would consider crossing the line. But the fact is you’re wasting your time submitting articles to be published here on Ammoland. You’re a shill for the NRA and it’s agenda that about 99.99% of the time results in further restrictions to gun rights. Go away.