Brady Underscores Need to Protect Proper Interpretation of Second Amendment Following Reports of Justice Breyer’s Retirement

It is imperative that candidates chosen by President Biden to replace Justice Breyer are committed to the Framers’ intended interpretation of the Second Amendment.

Washington, D.C., January 26, 2022 - Following news reports that Supreme Court Associate Justice Stephen Breyer will announce his retirement, Brady reiterates the importance of a federal judiciary that properly weighs public safety in its interpretation of the Second Amendment and the need for qualified and common-sense justices on the Supreme Court.

Brady President Kris Brown shared:

“In the last two years, the Supreme Court has heard arguments regarding the interpretation of the Second Amendment and the right of Americans not to be shot and to live free from fear of gun violence in public spaces. Nothing less than the safety and security of our childrens’ future has rested on the nine justices each time. If these reports are true, then that future is at risk and President Biden and the Senate must do everything in their power to secure it. President Biden must nominate a qualified candidate who will defend and maintain public safety laws and the right to live free from gun violence. He has been handed a majority in the Senate and the ability to confirm nominees to the federal judiciary with only a majority vote. Elections have consequences, a fact that every American must remember this coming November.”

Brady Chief Counsel and Vice President of Legal Jonathan Lowy shared:

“The Supreme Court is set to release an opinion on New York State Rifle & Pistol Association (NYSRPA) v. Bruen, or what is possibly the most consequential Second Amendment case in a generation. The stakes in that case and gun cases that will likely follow make the makeup of the court a life and death issue for Americans who demand solutions to our gun violence epidemic. The news that Justice Breyer will retire underscores the importance of well-qualified nominees and jurists who understand the Second Amendment and the well-established right to regulate firearms and preserve public safety. Any nominee to replace Justice Breyer must possess those qualifications. Given the current conservative makeup of the Court, the path to reclaim the Framers’ intended construction of the Second Amendment, instead of the hijacked gun lobby version, may be a long one, and Justice Breyer’s replacement should be someone committed to that fight, and standing up for the right of Americans to live free from gun violence. ”


Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.

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