ACLU Shifts Stance: Now Defending Second Amendment Rights in Landmark Supreme Court Case

The American Civil Liberties Union (ACLU) has long been a staunch defender of civil liberties, but its stance on the Second Amendment has historically been one of opposition. This position was challenged in 2017 after the Unite the Right rally in Charlottesville, where critics, including Waldo Jaquith, condemned the ACLU's Virginia chapter for defending the First Amendment rights of white supremacists organizing the demonstration.

In an interview with Slate's Dahlia Lithwick, Jaquith resigned from the ACLU of Virginia's board of directors and stated,

"The ACLU gets to pick which cases it takes. For example, you will not see the ACLU taking on any Second Amendment cases, as that is a part of the Bill of Rights that it prefers not to defend."

At the time, this seemed like a definitive stance. The ACLU had long maintained that the Second Amendment did not guarantee an individual right to bear arms. However, less than eight years later, the organization has taken a historic turn by asking the Supreme Court to uphold that right in United States v. Hemani.

The case involves Ali Hemani, a Texas man who admitted to owning a pistol and using marijuana several times a week. Under 18 USC 922(g)(3), this would have made him a felon for illegal gun possession. However, the ACLU joined Hemani's Supreme Court brief, arguing that

"the Second Amendment forecloses the government's attempt"

Brandon Buskey, director of the ACLU's Criminal Law Reform Project and one of the attorneys listed in Hemani's brief, stated,

"This is the first time that we have entered a case affirmatively on behalf of an individual making a Second Amendment claim. Now that the Supreme Court has recognized this as a fundamental right, we see this as an important civil liberties issue."

The ACLU's position in United States v. Hemani aligns it with the National Rifle Association (NRA), a group it has partnered with in the past. Notably, the ACLU defended the NRA's First Amendment rights in the 2024 case National Rifle Association v. Vullo. However, this marks the first time the two organizations have united in defense of gun rights at the Supreme Court.

The ACLU's shift in stance is particularly striking given its historical position on gun control. Even after the landmark 2008 case District of Columbia v. Heller, in which the Supreme Court recognized that the Second Amendment constrains government regulation of firearms, the ACLU continued to oppose individual gun rights. As recently as December 2023, the organization stated on its website:

"Given the reference to 'a well regulated Militia' and 'the security of a free State,' the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right." The ACLU disagrees with the