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May 27, 2009, 06:53 PM | #1 |
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Obama Declares War on America’s Gun Owners With Supreme Court Pick
Obama Declares War on America’s Gun Owners With Supreme Court Pick
By Ken Blackwell Senior Fellow, American Civil Rights Union/Family Research Council May 26th, 2009 http://foxforum.blogs.foxnews.com/20...ama_sotomayor/ President Obama’s nomination of Judge Sonia Sotomayor is a declaration of war against America’s gun owners and the Second Amendment to our Constitution. If gun owners mobilize and unite, it’s possible (though unlikely) to stop this radical nominee. ————— According to Judge Sotomayor, if your state or city bans all guns the way Washington, D.C. did, that’s okay under the Constitution. ————— Last year the Supreme Court handed down the landmark decision in D.C. v. Heller, holding that the Second Amendment right to bear arms applies to individual citizens in their private lives. The ruling marked a turning point in gun rights in this country. In the past year, the biggest question courts now face is whether the Second Amendment applies to the states. That may sound crazy, but the reality is that the Bill of Rights only controls the federal government, it doesn’t apply directly to states or cities. Only the parts of the Bill of Rights that are “incorporated” through the Fourteenth Amendment apply to the states. Since the Heller decision, only two federal appeals courts have written on the Second Amendment. That’s six judges out of about 170. Of those six, three said the Second Amendment does apply to the states. And those judges were out of the liberal Ninth Circuit in California, and included a judge appointed by Bill Clinton and another appointed by Jimmy Carter. — Even leftist judges can get this. But not Judge Sonia Sotomayor. She is one of only three federal appellate judges in America to issue a court opinion saying that the Second Amendment does not apply to states. The case was Maloney v. Cuomo, and it came down this past January. That means if Chicago, or even the state of Illinois or New York, wants to ban you from owning any guns at all, even in your own house, that’s okay with her. According to Judge Sotomayor, if your state or city bans all guns the way Washington, D.C. did, that’s okay under the Constitution. This issue could not be more important. Today, on the very day President Obama has announced Judge Sotomayor’s nomination, the National Rifle Association is arguing Second Amendment incorporation in court before the Seventh Circuit in a case challenging the Chicago ban on handguns. If this case, or one like it, goes to the Supreme Court, Justice Sotomayor would say that Chicago can ban all your guns. If she can persuade her liberal colleagues on the Court to join her, it could become the law of the land that states and cities can ban guns. Should that happen, then you can expect anti-gun liberals in state legislatures to rush to pass new state laws doing exactly that. The White House is telling us all about Judge Sotomayor’s compelling personal story — and it is an amazing story of what is possible “only in America.” But compelling personal stories are not the question. Miguel Estrada, whom President George W. Bush nominated to the D.C. Circuit appeals court and was planning on nominating to the Supreme Court, had a compelling story as a Hispanic immigrant who legally came to this country not even speaking English. Democrats filibustered Mr. Estrada. Supporters point out that Judge Sotomayor was first appointed by George H.W. Bush for the federal trial court — before Bill Clinton elevated her to the Second Circuit appeals court. That’s true, but George H.W. Bush also gave us Justice David Souter, so clearly he wasn’t too careful about putting liberals on the federal bench. We can’t allow the left to hide behind the Bushes. But when it comes to gun rights, we don’t need to guess. Judge Sotomayor has put in writing what she thinks. President Obama has nominated a radically anti-Second Amendment judge to be our newest Supreme Court justice. There are a number of pro-Second Amendment Democratic senators from deeply red states, including Mark Begich from Alaska, Jon Tester and Max Baucus from Montana, Ben Nelson from Nebraska, Byron Dorgan and Kent Conrad from North Dakota, and Tim Johnson from South Dakota. These senators will jeopardize their seats if they vote to support an anti-gun radical for the Supreme Court. Second Amendment supporters will now be up in arms over this radical anti-Second Amendment nominee, and you should never underestimate the political power of American gun owners. Ken Blackwell is a senior fellow with the American Civil Rights Union and the Family Research Council.
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May 27, 2009, 07:01 PM | #2 |
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Folks, if we discuss her theories on gun rights - that's OK. Let's not go down the low road as happened in the other thread about her. Stay on this topic - her views of gun rights.
Hint, hint!!
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May 27, 2009, 07:24 PM | #3 | |
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Someone please explain how that means the 2nd doesn't apply to the states!?!?!?! Are they saying that the constitution only applies to the Fed Gov and not the states!?!?
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May 27, 2009, 07:39 PM | #4 |
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She can't be any worse than Souter. It's a wash.
Who did you expect him to nominate? Wayne LaPierre?
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May 27, 2009, 09:11 PM | #5 | |
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May 27, 2009, 09:17 PM | #6 | |
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May 27, 2009, 09:27 PM | #7 | |
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May 27, 2009, 09:29 PM | #8 | |
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What if it gets overturned, as six out of her seven other decisions were when they reached the Court? Methinks she's going to tread very carefully and very quietly. And now back to our regular programming.
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May 27, 2009, 09:31 PM | #9 | ||
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Looks like she's qualified to me. She's had 5 reversals out of 7 of her cases that went before the Supreme Court. One case upheld, but her reasoning was cited unanimously as faulty. One case pending. Yep, sounds like she's qualified to me. http://www.cnn.com/2009/POLITICS/05/...html#cnnSTCTex Quote: Quote:
Last edited by DonR101395; May 27, 2009 at 10:53 PM. Reason: fixed the link |
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May 27, 2009, 10:37 PM | #10 | |
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Based on the list provided, the record is 5 reversed, 1 upheld, and 1 pending. |
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May 27, 2009, 10:44 PM | #11 |
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I gotcha now. I read it wrong and will fix it.
Last edited by DonR101395; May 27, 2009 at 10:50 PM. |
May 27, 2009, 10:59 PM | #12 | |
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The "direct application" approach: In the 1833 case Barron v. Baltimore, SCOTUS determined that the Bill of Rights limited the federal government and did not apply to the states. The "privileges or immunities" approach: The 14th Amendment was adopted in 1868 and prohibits states from abridging the "privileges or immunities" of US citizens. In the 1872 Slaughter-house cases, SCOTUS determined that "privileges or immunities" did not include the rights encompassed in the Bill of Rights. The "due process" approach: The 14th Amendment prohibits the states from depriving "any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." In a series of cases, largely during the 20th century, SCOTUS determined that specific rights in the Bill of Rights were "incorporated" under the due process protections of the 14th Amendment. The Second Amendment has not yet been "incorporated" and does not yet apply to the states. |
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May 28, 2009, 12:50 AM | #13 |
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why not
Why hasnt the second ammend. been incorperated by the states. It seems that everything should be incorperated and not just selective ones.
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May 28, 2009, 01:04 AM | #14 | |
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Give the system a little time to work. Several cases, such as the Chicago case, raising the incorporation issue were filed on the day the Heller decision was released or within a day or two thereafter. The Ninth Circuit has already ruled in favor of incorporation in Nordyke and it is only a matter of time before SCOTUS takes a 2A incorporation case to resolve the split between circuits on the issue. Last edited by gc70; May 28, 2009 at 01:09 AM. |
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May 28, 2009, 05:24 AM | #15 | ||
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This/She is the same, from the President.
Her book The International Judge fits with Koh and the rest of the peaceful european world utopia big thinkers. America seems temporarily in the hands of the Workers Party, Union Party, Labor Party, People's Party...whatever name you want...and the gun policies are understood. She should fit in. Political poison for congress to enact firearms or legislation? Then there has to be another way. Oh well...hopefully no one is surprised. 2a rights will eventually be superceded by only paying attention to clear-cut 2a issues. Quote:
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May 28, 2009, 05:58 AM | #16 | |
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May 28, 2009, 06:18 AM | #17 | ||
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Slaughterhouse Cases Cruikshank Presser Quote:
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May 28, 2009, 06:25 AM | #18 | |
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May 28, 2009, 07:16 AM | #19 |
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If the Family Research Council is against her, then I'm for her. But nobody has asked me.
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May 28, 2009, 07:24 AM | #20 | |
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One is via the privileges and immunities clause - the Supreme Court has effectively said no to this in Presser, although it is a decision right up there with Dred Scott for bad decisions enshrining racism in our government. To the extent, Sotomayor relied on this precedent, she is correct that it is up to the Supreme Court to correct its own errors. The second route is selective incorporation through due process - and the Supreme Court has not said anything as this relates to the Second. In fact, if you look at the ways it has been applied to the other amendments, the arguments that it applies to the Second are overwhelmningly compelling (which is why even the liberal 9th Circuit reached that conclusion). Sotomayor was completely within the realm of her responsibilities to address the issue of selective incorporation through due process in this opinion and chose not to do so. Admittedly, the lawyer in Maloney just barely touched on the subject and in that light, you can make a fair argument that Sotomayor shouldn't be suggesting or ruling on arguments that the other side can't think up on its own - and if Sotomayor had adhered to that in her other decisions, then I would grudgingly concede the point; but she seems more willing to stray from that line when plaintiffs she agrees with come before the court. gc70 mentioned in the other thread that he considered addressing questions not before the Court as a form of judicial activism and cited how SCOTUS did not address the issue in Heller even though they recognized it (much like the Second Circuit's decision in Maloney). To me the difference is that Heller was carefully crafted to AVOID that very question. That was the whole purpose of challenging the law in the federal enclave of D.C. The lawyers in Heller recognized that it could easily become an issue the Supreme Court would address if they didn't do everything in their power to make it inapplicable in that one case. The opposite happened in Maloney. Maloney deliberately brought up the issue of incorporation through due process in its brief to the Second (albeit in a brief and haphazard way; but they did at least throw it in there at the last minute). Having said that, Sotomayor's decision may end up helping us more than hurting us when it goes to SCOTUS just because of the paucity of scholarship or legal support in the decision. |
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May 28, 2009, 07:29 AM | #21 | |
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May 28, 2009, 07:56 AM | #22 |
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There's a lot troubling about Sotomayor. Her attitude about the second amendment being a big one.
Especially combined with this attitude. - http://www.youtube.com/watch?v=OfC99LrrM2Q
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May 28, 2009, 08:40 AM | #23 | |
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I am still reading Sotomayor's decisions, but links to source documents evidencing judicial activism would be greatly appreciated. |
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May 28, 2009, 08:59 AM | #24 | |
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CNN posted an interesting article reporting that a factor in Sotomayor's selection was the potential for her to sway Kennedy's vote.
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May 28, 2009, 09:34 AM | #25 | ||
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Considering that TNR is a prominent liberal magazine and that both of those were made pre-nomination when Sotomayor was just on the short-list, I guess that means that either they really think she isn't qualified or that they preferred a more liberal judge than Sotomayor for the position. Either way, Rosen got roasted pretty well by his compatriots even before Sotomayor's nomination was announced. |
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