New on SCOTUSBlog: "Witnessing a reorientation of the First and Second Amendments on the Roberts court"

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Cite

Blackman, J. (2026, October 14). New on SCOTUSBlog: "Witnessing a reorientation of the First and Second Amendments on the Roberts court". Reason. https://reason.com/volokh/2026/10/14/new-on-scotusblog-witnessing-a-reorientation-of-the-first-and-second-amendments-on-the-roberts-court/

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Reason · collected 2026-10-14 · by Josh Blackman

Quick Summary

Law professors contributing to SCOTUSBlog discuss how interpretations of the Religion Clauses and the Second Amendment have shifted significantly over the past two decades on the Roberts court. The essay contrasts current judicial enforcement with practices from 2006, highlighting a dramatic change in constitutional law perspectives. The next piece in this series will examine alterations to Congress’s powers, presidential executive actions, and interbranch power dynamics.
Written by AI on 2026-10-14, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

As reported by Josh Blackman on Reason Magazine on October 14, 2026, SCOTUSBlog has published an essay focusing on significant shifts in constitutional law over the past two decades regarding the First and Second Amendments under the Roberts court. The piece highlights that twenty years ago, the Supreme Court strictly enforced separation of church and state, reviewed free exercise rights deferentially, and did not enforce the Second Amendment. In contrast, recent changes have seen the court take a more active role in protecting religious freedoms and interpreting the Second Amendment. The essay is part of a series examining broader changes in constitutional law under the current Supreme Court's leadership.

Written for “Supreme Court Reorientation On Rights” on 2026-11-01, grounded in this article and the 0 other(s) covering the same event.

Story

📰 Supreme Court Reorientation On Rights
Politics · 1 article(s) covering the same event.

Compared with similar articles

This article reads leans right and hedges 0% of its claims. Each row says how that neighbour differs.
Reason
Hedges 5 of 19 claims Outlet record 67/100
“The articles discuss different legal topics and contexts; one is about changes in constitutional law regarding religion and the Second Amendment over two decades, while the other focuses on a recent Pennsylvania Superior Court decision involving parental rights to religious upbringing.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
6
sentences that state something as happening or true
Uncertain
0%
0 of 6 hedged ("reportedly", "may", "according to")
Leaning
Leans right
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-14 · how these are computed

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Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1051 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Josh Blackman
88 article(s) here · 0 carrying a prediction
🔮 I thought it might be worthwhile to dig into the numbers a bit more.
🔮 Today the law firm of Weil Gotshal announced that it would wind down.
2026-10-28 · assertive framing · Farewell to Weil
🔮 And her unwillingness to participate in any disciplinary proceedings suggests something is amiss.
🔮 Longtime readers will recall that I took mileage runs to Singapore, Hong Kong, and Sydney to make status at the end of the year.
2026-10-28 · assertive framing · 1,000,000 Miles on United
🔮 Let's hope that people across the media industry will take Josh Blackman's criticism to heart.
2026-10-27 · assertive framing · The Wall Street Journal Praises The Old Gray Lady
🔮 New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.
2026-10-26 · assertive framing · Today in Supreme Court History: October 26, 1774
🔮 ] There have been many news reports suggesting that the United States Department of Justice may pursue denaturalization proceedings against Representative Ilhan Omar.
🔮 Nevertheless, the next two decades would vastly enlarge the president's powers as Congress' authority over the executive branch would be greatly diminished.
🔮 Justice Sotomayor, Justice Gorsuch, Justice Barrett, and Justice Jackson took no part in the consideration or decision of this petition.
🔮 The regulations for Freedmen schools in Texas provided that classes would begin at 9 A.M. and "[t]he morning Exercises will commence with either the singing of an appropriate hymn, or prayer, or the reading of the Scriptures."
Also by Josh Blackman
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 88 articles by Josh Blackman →

Topics

SCOTUSBlog the First and Second Amendments the Religion Clauses the Second Amendment the Supreme Court

Subjects

Congress ORG · 1× Randy Barnett PERSON · 1× SCOTUSBlog ORG · 1× The Volokh PERSON · 1× the Supreme Court ORG · 1×

Narrative

It begins: Twenty years ago, the Supreme Court strictly enforced the separation of church and state, deferentially reviewed restrictions on free exercise rights, and played no role in enforcing the Second Amendment.
framing: assertive · carried by 1 article(s) · first seen 2026-10-14

Claims (6 extracted, 0 hedged)

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent SCOTUSBlog has published the latest essay from me and Randy Barnett on the recent changes in constitutional law. asserted
SCOTUSBlog → publish → law
This entry focuses on the Religion Clauses and the Second Amendment. asserted
entry → focus → Clauses
It begins: Twenty years ago, the Supreme Court strictly enforced the separation of church and state, deferentially reviewed restrictions on free exercise rights, and played no role in enforcing the Second Amendment. asserted
Court → begin → Amendment
This was the state of the law when one of us began law school in the fall of 2006. asserted
one → begin → 2006
What a difference two decades has made for the First and Second Amendments. asserted
decades → make → Amendments
The next installment in this series considers the changes to Congress' enumerated powers, the president's executive powers, and the separation of powers between those branches. asserted
installment → consider → branches
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