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Old May 13, 2010, 10:47 AM   #22
Bartholomew Roberts
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
Posts: 8,462
In more Kagan news, it seems that someone unearthed a legal memo Kagan wrote for a Second Amendment challenge while Justice Thurgood Marshall was on the bench. Oddly enough, it was a D.C. resident challenging his conviction for unlicensed possession of a handgun on Second Amendment grounds.

Kagan's memo to Justice Marshall regarding cert recommended that he deny cert and noted that the challenge was solely on Second Amendment grounds and stated "I am not sympathetic." Of course this would have been fairly early in her legal career, around 1988, IIRC. It would have also predated a lot of the more recent scholarship on the Second Amendment.

Not too sure what it says about Kagan's feelings on the Second Amendment; since in all probability, having cert granted on that case would have been very bad for us. My guess is pretty much the same as it was before I knew this - she isn't going to be much help for Second Amendment votes; but she won't be any worse than Justice Stevens at least.
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