PDA

View Full Version : Sotomayor on 2A, oh, oh.


4x49er
06-02-2009, 5:22 AM
Sotomayor's Gun Control Positions Could Prompt Conservative Backlash
Earlier this year, President Obama's Supreme Court nominee joined an opinion with the 2nd Circuit Court of Appeals ruling that Second Amendment rights do not apply to the states.
FOXNews.com

Thursday, May 28, 2009


Judge Sonia Sotomayor could walk into a firestorm on Capitol Hill over her stance on gun rights, with conservatives beginning to question some controversial positions she's taken over the past several years on the Second Amendment.

Earlier this year, President Obama's Supreme Court nominee joined an opinion with the 2nd Circuit Court of Appeals ruling that Second Amendment rights do not apply to the states.

A 2004 opinion she joined also cited as precedent that "the right to possess a gun is clearly not a fundamental right."

Ken Blackwell, a senior fellow with the Family Research Council, called Obama's nomination a "declaration of war against America's gun owners."

Such a line of attack could prove more effective than efforts to define Sotomayor as pro-abortion, efforts that essentially grasp at straws. Sotomayor's record on that hot-button issue reveals instances in which she has ruled against an abortion rights group and in favor of anti-abortion protesters, making her hard to pigeonhole.

But Sotomayor's position on gun control is far more crystallized.

Blackwell, who also ran unsuccessfully to head the Republican National Committee, told FOX News her position is "very, very disturbing."

"That puts our Second Amendment freedoms at risk," he said. "What she's basically saying is that your hometown can decide to suppress your Second Amendment freedoms."

The chief concern is her position in the 2009 Maloney v. Cuomo case, in which the court examined a claim by a New York attorney that a New York law that prohibited possession of nunchucks violated his Second Amendment rights. The Appeals Court affirmed the lower court's decision that the Second Amendment does not apply to the states.

The ruling explained that it was "settled law" that the Second Amendment applies only to limitations the federal government might seek on individual gun rights.

Despite last year's landmark Supreme Court ruling in the District of Columbia v. Heller, in which the court ruled that the Second Amendment protects an individual right to bear arms, the Maloney ruling determined that case "does not invalidate this longstanding principle" that states are not covered by the Second Amendment. (Another appeals court since the Heller case reached the opposite conclusion.)

Justice David Souter, whom Sotomayor would replace, dissented from the majority decision in D.C. v. Heller, so Sotomayor wouldn't necessarily tip the balance on such issues. But she's joining a split body -- the D.C. case was a 5-4 decision -- and with the Maloney case likely to be appealed to the Supreme Court her presence could be threatening to gun rights groups.

"We have concerns and we have questions," Andrew Arulanandam, public affairs director for the National Rifle Association, told FOXNews.com. He said the NRA would work with members of Congress to have those concerns addressed in the coming months, and that the NRA has researchers looking more closely at Sotomayor's gun rights record.

Ken Klukowski, a fellow and legal analyst with the American Civil Rights Union, predicted this issue would heat up as the confirmation process moves forward.

"If this nomination were not to succeed, it would likely be because of the Second Amendment issue," he said.

Klukowski questioned the brevity of the Maloney decision, which spanned only a few pages, more than the actual conclusion. He said it glossed over decades of relevant legal precedent.

"The idea that you would be the first circuit court to take up this profound, constitutional question after the Supreme Court's landmark ruling and only give it one paragraph is stunning," he said.

But Paul Helmke, president of the Brady Campaign to Prevent Gun Violence, said the issue of Sotomayor's gun rights position is being "overblown" since the court was merely following precedent. He agreed that the Heller decision did not mean Second Amendment rights apply to states.

He said any controversy over the issue would be a "red herring."

As interest groups launch a heated campaign to define Sotomayor and draw the battle lines ahead of her confirmation process, the White House has voiced unequivocal confidence in her judgment.

White House Press Secretary Robert Gibbs said Thursday that Obama was "very comfortable with her interpretation of the Constitution being similar to that of his."

FOXNews.com's Judson Berger and FOX News' Shannon Bream contributed to this report.

Mulay El Raisuli
06-02-2009, 6:17 AM
White House Press Secretary Robert Gibbs said Thursday that Obama was "very comfortable with her interpretation of the Constitution being similar to that of his."


Well, I've never had any doubt of that!

The Raisuli

BTF/PTM
06-02-2009, 7:30 AM
So Sotomayor's belief is that each state should have the right to nix the 2nd Amendment completely if they so choose? That's ridiculous. What part of "...the right of the people to keep and bear arms..." opens any room for debate? What people is she referring to? :rolleyes: There's gonna be some really interesting citizen migration and crime study to be seen in the coming years if people like her get their way.

Plisk
06-02-2009, 7:47 AM
It's the people's right and choice to bear arms. People who don't choose to bear arms; that's their decision and just because a number of them are in a positiion of authority does not give them the right to force their opinions into laws. America is the land of the free of the people, by the people. Not for and by the people in office who force their ideals on to everyone just to get what Washington wants, not was the Nation wants.

WokMaster1
06-02-2009, 8:14 AM
do the Republicans have enough votes to deny her confirmation or not? Or do they need help from the blue dog Democrats? From the looks on who's on the Judiciary Committee, it doesn't look too good.

BTW does anyone have a list of which senators filed an amicus brief (?) against the 2A in Heller?

glbtrottr
06-02-2009, 9:30 AM
What do you expect from a president who thinks it's perfectly OK for Iran to proceed with nuclear research, ultimately leading to added nuclear proliferation, but to appoint a racist Latina who legislates from the bench and contrary to our constitution?

To remind, in Mexico guns are illegal. Where does the bulk of gun violence come from? Gangs, and drugs. How do the proletariat defend themselves against gun violence and the corrupt government in Mexico? They don't. What does Sotomayor think of all this? She doesnt...

"La Raza" is simply another "warm-my-heart-over-my-homeland" organization, the roots of which Sotomayor is more than willing to grow in this country. I understand "La Raza" and grew up with it and in it until I returned to this country, where I was born and under whose military I served and bled. "La Raza" romanticizes a culture, lifestyle, and political system which has predominantly failed.

She has no business as a Supreme Justice. This is disgusting to watch.

scobun
06-02-2009, 9:30 AM
If the Republicans don't stand up and at least make some noise and fight this tooth and nail, I hope the party dies off and is replaced with one that has a backbone to fight for conservative values. The Republicans are becoming more and more inept, and it is just pathetic.

Toolbox X
06-02-2009, 11:34 AM
If Microsoft were to hire someone for a corporate position, but they openly said anyone who is not female and Hispanic need not apply, they would be sued into the ground.

leadchucker
06-02-2009, 11:42 AM
Obama was "very comfortable with her misinterpretation of the Constitution being similar to that of his."



fixed it

bigcalidave
06-02-2009, 12:10 PM
Arrgh. We don't need a supreme court justice who bases their decisions on their latino background and female emotions instead of the law!!!

CA357
06-02-2009, 12:15 PM
Molon Labe is not just a bumper sticker.

GuyW
06-02-2009, 1:08 PM
Arrgh. We don't need a supreme court justice who bases their decisions on their latino background and female emotions instead of the law!!!

If I'm not Latino or female - do I have to follow her "laws"??

.

Roadrunner
06-02-2009, 1:11 PM
Sotomayor is an example of an educated idiot.

Solidmch
06-03-2009, 12:32 AM
So Sotomayor's belief is that each state should have the right to nix the 2nd Amendment completely if they so choose? That's ridiculous. What part of "...the right of the people to keep and bear arms..." opens any room for debate? What people is she referring to? :rolleyes: There's gonna be some really interesting citizen migration and crime study to be seen in the coming years if people like her get their way.

Funny she does not think the first Amendment or abortion should be held to that standard.

CalNRA
06-03-2009, 1:37 AM
If the Republicans don't stand up and at least make some noise and fight this tooth and nail, I hope the party dies off and is replaced with one that has a backbone to fight for conservative values. The Republicans are becoming more and more inept, and it is just pathetic.

If the GOP fights against Sotomayor they risk the Latino vote next year, which, coincidentally, is looking to be the dominant bloc in swing states.

What you are advocating is essentially political suicide for the GOP.

Of course many Calgunners made this nomination possible, thank you, Crazed_SS, et al.

Beatone
06-03-2009, 1:49 AM
I can only hope that she is not confirmed. Another great pick Obama.

Gray Peterson
06-03-2009, 2:20 AM
Um...Sotomayor is Puerto Rican, not Mexican or general Latin American. I find it somewhat hilarious that people are freaking out because "Did you hear that Sotomayor is obviously a mexican! She thinks that there should be more illegal immigration." Did anyone tell these guys that Puerto Ricans ARE IN FACT AMERICAN CITIZENS?

press1280
06-03-2009, 3:25 AM
If the GOP fights against Sotomayor they risk the Latino vote next year, which, coincidentally, is looking to be the dominant bloc in swing states.

What you are advocating is essentially political suicide for the GOP.

Of course many Calgunners made this nomination possible, thank you, Crazed_SS, et al.
They really can't stop her confirmation anyways, they just don't have the numbers, and won't be able to filibuster either.
They just need to question her thoroughly, let the people know how far to the left her(and Obama) really are. That way the next election people will realize they don't want any more people who think like her on the court.