Gun Case Puts Focus on Sotomayor & Future Nominees


The Supreme Court announced today that it will decide, in McDonald v. Chicago, whether the Second Amendment applies to state and local gun laws. That puts the focus on the Court’s newest Justice, Sonia Sotomayor, and on President Obama’s future picks for the Court.

Gun owners were alarmed by Sotomayor’s nomination to the Court, because of her “extreme anti-gun philosophy” and record on the Second Circuit, in the words of former NRA president Sandy Froman. At her Senate hearing this summer, Sotomayor defended that record by saying that her hands were tied by old Supreme Court precedent. Now that she’s on the High Court, her hands are no longer tied. She will have a lot of explaining to do if she decides in McDonald that the right to keep and bear arms is the only significant right in the Bill of Rights that doesn’t apply to the states. Such a decision would indicate that she was not serious when she promised the Senate that she would put the rule of law above ideology.

Today’s announcement ensures that gun owners will continue to play a big role in Supreme Court confirmations, just as they did this summer. The Court’s 2008 decision in District of Columbia v. Heller, recognizing the Second Amendment as an individual right, moved the battle over gun rights from the legislatures to the courts. That set the stage for gun owners to enter the judicial wars. The decision to review McDonald puts the future of gun rights back squarely in the Supreme Court, reinforcing the conviction among gun owners that their fate is now in the hands of judges and that their continued involvement in the judicial confirmation process is vital.

Whatever the Supreme Court’s decision in McDonald, it will further focus the Second Amendment community on the needs for constitutionalist judges. Heller was limited to federal gun laws and the District of Columbia, but most of the laws that worry gun owners are at the state and local level. If the McDonald decision recognizes an individual Second Amendment right at that level, the number of gun rights cases – and thus the importance of the judges issue to gun owners – will explode. Should the Supreme Court rule the other way in McDonald, the anger of gun owners will be a force to reckon with every time there’s a Supreme Court nomination.

Cross-posted at the Committee for Justice blog.


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18 Comments Leave a comment

It's the permiting problem, and, the ammunition tax problem

Scope (Diary) Wednesday, September 30th at 7:59PM EST (link)

Alan Gura, the successful Constitutional Attornery who won the DC vs. Heller case said today on Glen Beck that, the individual states can then set their own gun laws. I remember immediately if not sooner, that the DC courts made any gun owners keep their weapons in many parts. So, if you needed to protect yourself against a break-in, you had to first put your gun together first. Gura claimed, as well as Beck, that everywhere “gun bans” are in force, crime went up tenfold. I admire and respect Gura for now taking his success from DC to Chicago, and then hopefully onto NY, however, I also heard today that Obama and the Progressives want to appoint something like 70 more Federal Judges. I remember well that Bush had a slew of people that were waiting forever to get confirmed as Judges. I will bet that Obama’s judges are rushed through.

I think we will win this one.

jeffreywturner (Diary) Wednesday, September 30th at 8:24PM EST (link)

It is very clear that the 2nd amendment applies to state & local governments as well.

Heck, the courts have even ruled that the amendments that specifically apply to Congress are applicable to state & local governments as well. There is no basis for them to say the 2nd amendment, which is a blanket amendment, is somehow not applicable to state & local governments.

“Life is too short, can’t we all just eat pork and kill some terrorists?”

 

If the Dems and SCOTUS Go Clinton on This...

farstar99 (Diary) Thursday, October 1st at 12:48AM EST (link)

…then maybe these Obama-voting idiots I warned during the campaign about Obama’s inevitable gun grab will wake up.

Too late, as always.

“Oh, he can grab the handguns, as long as I get to keep my hunting rifle. And his people have said he won’t hurt my long guns.”

Drooling morons.

But if this does go the Democrat way, there will be war.

 
 

I have to take issue with one assertion you make here.

jeffreywturner (Diary) Wednesday, September 30th at 8:18PM EST (link)

When you say that Sotomayor will have “a lot of explaining to do” if she decides a certain way on this case, that is just wishful thinking.

The facts are, for her and any other member of the SCOTUS, they don’t have to explain or justify jack squat to anyone, once they are past Senate confirmation.

Now, if you wanted to say that Obama’s future nominees will have more explaining to do based on how his first one rules, then I could buy that.

“Life is too short, can’t we all just eat pork and kill some terrorists?”

Completely agree.

USNJIMRET (Diary) Wednesday, September 30th at 11:01PM EST (link)

Once past the “confirmation” process, SCOTUS answers to no one.
We, the people, can find all manner of instance where a ruling flies in the face of what the then nominee said during a confirmation hearing, but we have no power to recall a Supreme.
This is one of the more potently destructive consequences of elections.
And why when I hear so called ‘real conservatives’ declare they would rather stay at home then vote for whoever the Republican Party nominates……really gets my goat.
Especially if after the fact, they complain about the results.

Actually a Supreme can be removed

derhoosier (Diary) Thursday, October 1st at 5:50AM EST (link)

The Constitution does hold for impeachment of a Supreme followed by trail in the Senate. That would automatically mean removal from the bench because there’s no punishment for conviction specified. Given that libs apparently condone raping a 13 year old, if it’s Roman Polanski doing it, I have a hard time picturing them throwing out a Supreme for any reason.

Cheers, derhoosier

Yes, I know that a Supreme *can* be impeached....

USNJIMRET (Diary) Thursday, October 1st at 7:54AM EST (link)

however, what I said was that “we the people have no way to recall a Supreme”.
Heck, we the people couldn’t get our Representatives to read the freaking “Stimulus Bill” before voting it into our grandchildren’s piggy banks!
Why should anyone believe that we could ever get the House AND Senate to impeach a Supreme *simply* because they lied to the Senate?

 

Actually, this is not applicable here.

jeffreywturner (Diary) Saturday, October 10th at 3:56PM EST (link)

Judges/justices can not be impeached for their rulings.

They can only be impeached for things like showing up for work drunk, or corruption, etc. The exact wording the Constitution uses is “Good behavior” as the qualification of a judge, which means that “bad behavior” is the only reason one can be removed. No serious person asserts that the legal decisions of a judge could be construed as “bad behavior”.

So, like I said, there is NOTHING we can about a judge after they have been confirmed.

“Life is too short, can’t we all just eat pork and kill some terrorists?”

 
 
 
 

This is huge!

redneck_hippie (Diary) Wednesday, September 30th at 8:51PM EST (link)

Thank you so much for the report. Now if we can just have Chicago lose its bid for the Olympics I’ll believe again.


Activists Taking Action: Unified Patriots

 

Sotomayor replaced another Liberal Justice

Scope (Diary) Wednesday, September 30th at 8:58PM EST (link)

The mix on the SC is still the same as when the DC gun ban case was decided. Whatever Sotomayor has to offer in comments/opinions/decisions won’t change the prior DC ruling. She may make a fool of herself, and, that would be expected based on her previous rulings. I understand that the case will probably not be ruled on for a year. Let’s pray for the health of Roberts, Alito, Scalia and Thomas. Soto will prove to be a partisan political appointment, and one of the most fraudulent appointments in years. Then again, there hasn’t been much about this current president that hasn’t already been proven to be fraduluent, and more than a little dishonest.

Don't forget to pray for Kennedy

Lammo (Diary) Thursday, October 1st at 1:50AM EST (link)

Anthony, that is. If we lose him we lose almost all hope of 5-4 decisions going “our” way. Loss of Thomas, Scalia, Roberts or Alito would be tragic but I dare say loss of Kennedy could be worse.

Don’t be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)

 
 

It all depends on what "Infringed" means.

UpLateAgain (Diary) Thursday, October 1st at 1:18AM EST (link)

Even if the court overturns Chicago’s gun ban, I have little doubt that the prevailing opinion will reiterate the fact that local and state entities retain the right to regulate firearms, even if they cannot ban them outright.

And all the legitimate arguments concerning gun control and its effects on violent crime amount to opinion…… that the left really just doesn’t want to hear. They do not carry the force of law. So guns will no doubt still be regulated to an extent that makes gun ownership such a pain in the butt that only a small percentage of people will be willing to jump through the necessary hoops.

And, of course, they’ll still, no doubt, be able to ban “certain” guns. You know, the scary ones, with detachable magazines that you don’t have to cock each time you pull the trigger. The “black rifles”.

I think it’s about time we started hollering “racism” every time someone puts forth a bill to ban “black rifles”.

You never never never actually need a gun, until you need a gun, and then nothing else will do.

 

Hollering Racism !

astrolite Thursday, October 1st at 6:40AM EST (link)

That RIGHT is reserved for Democrats and other liberals!

 

Have it both ways?

livefreenh Thursday, October 1st at 7:47AM EST (link)

I’m having trouble wrapping my head around the idea that the SCOTUS can decide about the constitutionality of Texas sodomy laws, yet not sure about “infringement” of something spelled out in the US Constitution.

“We conclude the case should be resolved by determining
whether the petitioners were free as adults to engage in
the private conduct in the exercise of their liberty under
the Due Process Clause of the Fourteenth Amendment to
the Constitution.” Lawrence v. Texas, 539 U.S. 558 (2003)

Caution: liberals will try to derail this conversation by changing the subject to sodomy, or homosexuality, or accusing conservatives of engaging in same. Whenever they change the subject, it is a signal that they realize they just lost the argument. Watch. They will even argue this point, about whether this is an “argument”, or anything to avoid the point being discussed.

 

Very well said

kowalski (Diary) Thursday, October 1st at 1:43PM EST (link)

Particularly this point, because DC vs. Heller did exactly this, and it is why I continue to encourage people to follow the links in my signature line:

The Court’s 2008 decision in District of Columbia v. Heller, recognizing the Second Amendment as an individual right, moved the battle over gun rights from the legislatures to the courts. That set the stage for gun owners to enter the judicial wars. The decision to review McDonald puts the future of gun rights back squarely in the Supreme Court, reinforcing the conviction among gun owners that their fate is now in the hands of judges and that their continued involvement in the judicial confirmation process is vital.

There is nothing more vital than the participation of the tens of millions of law-abiding gun owners in this country, particularly at the state and local levels. The NRA and its legal arm, the NRA-ILA are the single best sources for national (and often state and local) information, but they’re no substitute for being engaged in your communities, aware of who is running for what, and being willing to make your voice heard.

D.C. vs. Heller wasn’t an endpoint, it was a beginning — it altered the landscape of 2nd Amendment activism and it’s important that people don’t wipe their brows and think, “Well, that finished it. Now I can go back to not being too involved, not keeping my NRA membership current, not attending meetings at my local gun club, not examining the records of the local and state politicians up for election, not caring about who my judges are.” In fact just the opposite is true.

I can give a very specific example

kowalski (Diary) Thursday, October 1st at 2:03PM EST (link)

I can give a very specific example of how crucial it is to remain engaged locally as well as nationally:

In Massachusetts, the ultimate final arbiter in the issuance of License To Carry credentials (which come in two vastly different forms, Class A and Class B) are individual Chiefs of Police.

That’s correct: when the police department in your locality gets a new Chief, that person becomes the single most important authority determining who will be issued a license to carry a firearm (which in Massachusetts is very strictly defined and really means: ‘handgun’) and what restrictions will be placed on that applicant. It turns the process of getting licensed in the Commonwealth into a completely subjective affair: even if you dot all the i’s and cross all the t’s and have a clean record and pass the background checks, your local Chief can (and often does) simply refuse to issue the license, or can issue it with restrictions that severely constrain it.

I think that in any other area of the law that this kind of subjectivity would be laughed out of court, but in Massachusetts it is the law of the land — and that is why it’s very important for gun owners to be involved locally, particularly when the Chief of Police is up for replacement in their town.

 

The court has no good reason to deny incorporation at this point except for ideology

tcgeol (Diary) Thursday, October 1st at 2:07PM EST (link)

but then, the SC doesn’t have to have a good reason for anything.

I’m not really a fan of incorporation in general and the 14th Amendment has been more of a headache than anything, but if they are going to incorporate one, then they should incorporate all of them. Agreed, Kowalski, Heller was a good first step, but only a first step. If McDonald goes well (or even if it doesn’t), we need to press the fight on concealed and open carry, changing Title III laws, and opening the full-auto registry.

The real battle needs to be fought in the public as well. Too many people have an unreasonable fear of firearms in general and are open to infringing RKBA out of fear. We need somehow to increase peaceable and open use of firearms in order to get the public perception of arms in the hands of the people re-oriented to its rightful place.

Just your typical bitter gun- and God-clinger

Even the Left admits we’re Right

I'm so glad I became a GOAL member

kowalski (Diary) Thursday, October 1st at 2:25PM EST (link)

The real battle needs to be fought in the public as well. Too many people have an unreasonable fear of firearms in general and are open to infringing RKBA out of fear. We need somehow to increase peaceable and open use of firearms in order to get the public perception of arms in the hands of the people re-oriented to its rightful place.

I’m so glad that I decided to join GOAL here in Massachusetts when I also re-upped with the NRA. It’s really hard to overstate how important GOAL has been here in MA in terms of providing information, cameraderie, by organizing events for gun owners and their families, and keeping everyone up-to-date on the current state of play in the MA legislature. And what a great bunch of people:

I was talking with one of their directors the other day because my Dad is signing up as a member as well, so that he can go through the licensing process and take a GOAL-sponsored course, and I realized again how much I lost (and willfully forgot) when I was a Teenage Moonbat, by buying into all the anti-gun stereotypes. These people are really your neighbors, your friends, and they come from all walks of life and are just some of the best and most pleasant and levelheaded people we have here in Massachusetts. They come from both political parties — GOAL is not a monolithic Republican Party bastion here by any stretch of the imagination. It’s just a pleaure to be associated with them.

So my advice to people everywhere in the country is to find an organization like GOAL in their home state, get out to their events, meet their families, and enjoy. Don’t be afraid to wear that NRA hat or your local organization’s t-shirt, and don’t be shy about telling people that you’re a 2nd Amendment supporter. It’s about walking the walk, not just talking the talk.

I’ve found that people appreciate that, particularly the uninformed or the misinformed. I’ve had quite a few conversations in the past year when I realized the truth had just dawned on the person I was talking to: “This guy’s an LTC holder, he’s a ‘gun nut’. And he’s also a nice person with a warm smile and a sparkling conversationalist. Boy was I wrong.”

Get out there and do your jobs, and be yourself, people! And have fun!