Bench Memos

NRO’s home for judicial news and analysis.

Feinstein Misrepresents Rybar


Appearing on FoxNews Sunday this morning, Senator Dianne Feinstein said that Judge Alito voted to strike down a law barring the possession and transfer of machine guns for exceeding the scope of Congress’ Commerce Clause power. This is false. As Judge Alito made explicit in his dissent, he was only voting to invalidate the federal prohibition on simple intrastate possession of such weapons. Senator Lindsay Graham, also appearing on the program, also misstated the case, saying it was about a transaction rather than simple possession.


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