Never one to shy away from controversy, Supreme Court Justice Samuel Alito recently issued a stark critique of fellow originalists whom he perceives as not extreme enough in their judicial philosophies. Speaking at George Mason University’s Antonin Scalia Law School, Alito defined himself as a “working judicial originalist,” committed to interpreting the Constitution based on its meaning at the time of its creation. However, he took the opportunity to lambaste other originalists for what he considers their overly cautious and defensive approach.

According to Alito, many originalists are too concerned with being labeled as judicial activists, which leads them to shy away from discussions about the beneficial outcomes of their interpretations. He argues that originalism, more than any other interpretative method, promotes the common good by adhering to the Constitution's original public meaning.

The justice didn’t stop there. He attacked various branches of originalism, including what he termed "Icarian originalism," referring to scholars who argued that an originalist reading of the 14th Amendment supports same-sex marriage. Alito dismissed these claims as "impossible," asserting that the public in 1868 did not intend for the amendment to mandate state recognition of same-sex marriages. This rigid stance is alarming for advocates of marriage equality, especially considering the shifting dynamics within the Supreme Court.

Alito’s comments are particularly concerning in light of the Court's recent history. While he noted that the landmark decision in Obergefell, which legalized same-sex marriage nationwide, is a precedent that deserves respect, his past dissent in the same case and other actions suggest a willingness to overturn such decisions if possible. His majority opinion in Dobbs, which rolled back reproductive rights, and similar concurring opinions from other justices hint at a readiness to reevaluate and potentially reverse other established precedents, including those concerning marriage equality.

With Alito actively encouraging a more extreme originalist approach and critiquing those who do not fully embrace such a philosophy, the future of many progressive legal achievements hangs in the balance. His recent remarks underscore the ongoing ideological battles within the highest court and the potential for significant shifts in American jurisprudence.