No one here can possibly be surprised.
Posted on 05/26/2009 10:18:16 AM PDT by Jet Jaguar
The nomination of Second Circuit Court Judge Sonia Sotomayor to replace retiring Justice David Souter on the U.S. Supreme Court is a slap at gun rights and the Second Amendment, the Second Amendment Foundation said today.
Judge Sotomayor, a New York native, ruled on a Second Circuit Appeals Court panel that the Second Amendment is not a fundamental right and does not apply to the states in the case of Maloney v. Cuomo. This ruling is in direct conflict with a Ninth Circuit Court ruling in the Nordyke v. King case in California that the Second Amendment is incorporated through the due process clause of the Fourteenth Amendment.
“While Democrats in Congress have been making great strides in the gun rights arena, refusing to consider a renewal of the Clinton gun ban, and offering overwhelming bipartisan support for legislation allowing citizens to carry firearms in national parks, President Obama just demonstrated that he prefers judges who oppose Second Amendment rights,” said SAF founder Alan M. Gottlieb.
Incorporation may be taken up by the high court during its next session beginning in October, because attorneys in the Maloney case plan to appeal in late June.
“If the Maloney appeal is accepted by the Supreme Court,” Gottlieb wondered, “would Justice Sotomayor – provided she is confirmed – recuse herself from deliberations?”
Judge Sotomayor has written an opinion that declined to order the release of certain information under the Freedom of Information Act. In one case, according to SCOTUSblog, she wrote that the “unwarranted invasion of privacy” for individuals whose names would be released under an FOIA request outweighed the public interest.
“Would a Justice Sotomayor be just as protective of the privacy rights of concealed carry permit holders if a newspaper wanted to publish that information?” Gottlieb asked. “We hope that during Senate confirmation hearings, someone asks about her positions on incorporation and the privacy rights of gun owners. The Second Amendment needs to be expanded, not eviscerated.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
No one here can possibly be surprised.
10th amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
As the militia was an army of the peope a reasonable reading would imply gun rights fall under the 2nd 9th and 10th amendments.
The size it is is just fine. They just need to obey it.
THIS is the angle we need to keep this trans-nationalist, uber-activist, radical Marxist judge from getting confirmed. She believes that the 2nd Amendment ONLY applies to the Federal government! So, States and cities can ban guns all they want! I guess she didn’t read the 14th Amendment in law school (hello incorporation clause), the one that libs keep using to shove their statist nonsense through the courts.
But consider how radical her 2nd Amendment position is. Imagine if a judge was nominated who believed that the Thirteenth Amendment only applied to laws made by the Fed Gov, and (for example) Mississippi passed a law re-introducing slavery. Now imagine that the same judge had ruled in favor of the state! The libs’ heads would explode if someone like that was nominated to the court.
Actually, my example isn’t that far off: handgun laws began as Jim Crow type laws designed to keep blacks from owning guns, thus keeping them enslaved ad hoc, if not in statute. The 2nd Amendment means freedom for ALL colors, races, creeds, and peoples of America, and “shall not be infringed”.
This woman must not be confirmed to the Supreme Court. Go to the mat on this, 2nd-Adm-supporting Rebublicans and Democrats!
“Judge Sotomayor, a New York native, ruled on a Second Circuit Appeals Court panel that the Second Amendment is not a fundamental right and does not apply to the states in the case of Maloney v. Cuomo. “
If the idiots in the GOP don’t hold “Stare Decisis” as a requirement for approval on this B#%$%, they should be replaced with a political party that will.
No NEED for the Supremes to consider “Incorporation”! FACT: The 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because the wording forbids not only CONGRESS, but ANYONE from infringing on it. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period! End of debate!
True. Souter was a freak. Bush put him on the SCOTUS and he put this Freak on the Federal Bench.
But that doesn’t mean the idiots in the GOP shouldn’t fight her and Obama.
Her statement that Latinas are smarter than white males is racist and sexist and should have her removed from the bench, not appointed to SCOTUS.
But maybe her statement is PARTLY correct. THIS Latina is smarter than SOME white males - the moral EUNUCHS who comprise the Party of Opposition.
Right again my FRiend.
We will NOT disarm.
Party of opposition?
POO?
If the narcissist now occupying the White House remains on the present course, we face actions in this country that could easily make the War Between the States look tame.
For a relatively young nation, we have had several very bloody wars here already.
Here’s the simple fact: We are now being pushed to a level of control and servitude many, many Americans cannot abide. The Founding Fathers left us four methods — represented by FOUR BOXES — for halting that process:
1. The SOAP BOX. We can freely speak out AGAINST that process in hopes we can educate enough of those around us of the dangers of the end point and they will come to their senses and use the second box. The move to silence certain voices here via the ludicrously named “Fairness Doctrine” seems to be gaining some momentum. If it succeeds, we will be far less informed and more MISinformed by an increasingly lapdog media. If we are denied the SOAP BOX, we still have – so far, at least — the
2. JURY BOX. Most judges will not tell jurors that they have the right to NULLIFY bad laws by judging the facts of the case AND THE LAW under which the case was brought. It’s called “JURY NULLIFICATION” and, despite the successful efforts of the statists and elitists to remove it from most state charters, it is STILL embodied in the constitutions of several states (GEORGIA IS ONE OF THEM!). But judges WILL NOT TELL YOU THAT. You must bring that information to the courthouse with you. And, remembering that it is NOT a sin to lie to a tyrant, if asked if you have ever even heard the phrase, say “no.” And DO NOT EVEN MENTION JURY NULLIFICATION to your fellow jurors! Simply hold out for what your common sense and love of liberty tell you is the correct verdict. AND IF YOU ARE ONE WHO LOVES – AND FULLY GRASPS — THE NOW THREATENED IDEA OF AMERICA, NEVER AVOID JURY DUTY.
3. We can also resist non-violently at the BALLOT BOX. However, given the century long trend to universal suffrage (where even the least informed, most ignorant, most easily manipulated among us can be hauled to the polls and – for a pack of smokes and a pint of Ripple – instructed to vote for the socialist-du-jour. Such massive interference with the election process by ACORN and others will probably make our effective use of this box more difficult if not impossible. Should that happen – or the denial by the state of our God-given rights under the Second Amendment becomes fact – we may be forced to pick up the
4. CARTRIDGE BOX. Pray with me that we never again reach that day. If we do get there, GOD HELP US ALL!
Let me close this with some words from the past.
“Those who profess to favor freedom, and yet deprecate
agitation, are men who want crops without plowing up the ground.
They want rain without thunder and lightening. They want the
ocean without the awful roar of its waters.
“This struggle may be a moral one; or it may be a physical
one; or it may be both moral and physical; but it must be a
struggle. Power concedes nothing without a demand. It never
did, and it never will. Find out just what a people will submit
to, and you have found out the exact amount of injustice and
wrong which will be imposed upon them; and these will continue
until they are resisted with either words or blows, or with both.
The limits of tyrants are prescribed by the endurance of those
whom they oppress.”
Frederick Douglass August 4, 1857
Mr. Douglass was, of course, speaking of the slavery then extant here.
So, too, are we.
Lets just cut through the crap and get this revolution started. Sheesh!
Its current size is not near enough. Before ‘68 you were able to purchase full autos from magazine ads. I was born the year before Reagan signed the Hughes Amendment into law.
That’s great!!!! POO it is instead of GOP.
My post was kind of tongue in cheek, meant to convey that the 2A is just fine the way it is, and it's the size of government's compliance with our right that needs the enlarging. We aren't disagreeing just using different words to agree.
On target in three posts, fire for effect! This article is just more SAF/Gottlieb politics by press release, a toothless hound indeed. That's not to say this nomination should not be vigorously opposed by principled, conservative Senators -- just that this is not the primary reason for opposition and the net effect, should she be confirmed, is nada (a little Spanish lingo for the Rush fans).
Let's deal in the politics of the possible and decide for ourselves which hill we are willing to die on and those hills we should haul ass and bypass.
Understood
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