Sotomayor's 2nd Amendment Views

Discussion in 'News Articles' started by TxSteel54, May 28, 2009.

  1. TxSteel54

    TxSteel54 New Member

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    Yet another enemy to our 2nd Amendment rights has been added (or at least nominated) to Mr. Obama's administration.

    http://www.foxnews.com/politics/200...ntrol-positions-prompt-conservative-backlash/

    Sotomayor's Gun Control Positions Could Prompt Conservative Backlash

    FOX NEWS:

    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."
     


  2. MadMo44Mag

    MadMo44Mag TGT Addict

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    I'm going to toss this out as fodder.

    In the last 18+ months gun sales to new gun owners has exploded.
    We have added more new gun owners in the last several months than added in the last several years.

    I suspect these new gun owners have joined our band wagon now; we have more voices and votes now than before.

    I think with a general election coming up we may see a lot of saber rattling but doubtful of any real action until the election is over. Hopefully after the election we have enough clout it becomes a none issue.

    Like I said - this is fodder for the fire
     
  3. TxEMTP69

    TxEMTP69 TGT Addict TGT Supporter

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    All I can say is I hope that she is not appointed. Her background in various issues such as the 2A and abortion should keep some decent hot water on her for now, but to add to it, I read recently that she has made statements to the effect of her being a latino woman could make better decisions than a white male....

    http://abcnews.go.com/Politics/Story?id=7691708&page=2 portion dealing with the New Haven FD and "reverse racism" not that it in itself is not a contradiction in terms, but thats what they like to call it.
     
  4. smschulz

    smschulz Paid for CUT TGT Supporter

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    Well I wouldn't hold your breath on not being appointed. The 2A issue really scares me the most. The more I hear about her the more I don't like. The libs have the votes and it will not end well for the good guys. :mad:
     
  5. navyguy

    navyguy TGT Addict

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    Unless they uncover some skeltons or she totally blows it during the congresional interviews, she'll get in. Lets just hope Roberts stays right-thinking, (I worry about him) and Kennedy leans more right then left. Also, lets hope Roberts, Scalia, Alito and Thomas stick around at least until we can get a "real" president.
     
  6. MadMo44Mag

    MadMo44Mag TGT Addict

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    Sonia Sotomayor is like a "slinky"
    Not good for anything but will bring a smile to your face when pushed down a flight of stairs.
     
  7. navyguy

    navyguy TGT Addict

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    :lolz:


    And a thought. For those that have a hard time remembering how to pronounce her name, use this.

    Soda-in-my-ear.
    :devil:
     
  8. cuate

    cuate Well-Known

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    2nd Amendment/Safety in Numbers

    No telling how many gun owners now following Jan. 20th. There is a measure of safety in that but politically speaking, each and every gun
    owner in the US needs the political power to battle the anti 2nd Amendment cretins.

    You must get that political power, join the NRA today, and/or the GOA, of the Jewish Gun Organization. The NRA is the most powerful and have the most bang for the buck. Don't dilly dally around, join today and become part of the battle against Obama and his mindless anti-gun followers !

    Get with it now !:texas:
     
  9. MadMo44Mag

    MadMo44Mag TGT Addict

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    I have gone so far as to pay a few new gun owners NAR dues for a year.
    Maybe this is something that we all should consider?
     
  10. TxSteel54

    TxSteel54 New Member

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    MadMo, that isnt a bad idea.....if everyone would do this it would really make a very loud statement to the enemies of the 2A. I think I'll steal that idea from ya and do it myself :) !

    I also agree with you that we probably wont see too much happen as for as gun control just yet, but I feel strongly that this administration is setting up it's pieces.....getting ready to move. And the inevitable appointment of Sotomayor is not going to help our fight at all! Politicians such as Sen. Feinstien has said that she WILL bring gun control back to the front but that she will pick the "time and place."

    For me, that simply means that after everyone in Washington has their ducks in a row....the next mass-killing making the national news (such as Virginia Tech, Columbine, etc).....they will make their move. I mean they've already voiced their attack plan...remember that ol' "Never let a crisis go to waste" comment?

    Just my 2 cents.
     

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