Skip to comments.Kagan On Guns: Court Precedents Are 'Settled Law'
Posted on 06/29/2010 2:09:05 PM PDT by Clump
Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."
Kagan was asked at her confirmation hearing about two recent decisions, including a 5-4 ruling Monday, which essentially guaranteed citizens' Second Amendment rights to have guns, no matter where they live.
Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it.
Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.
(Excerpt) Read more at newsmax.com ...
She lies just like Sodomayor!! The Constitution means NOTHING to them.
It is not the court's role to decide if a law, much less a constitutional provision, is unworkable. That is a political decision. A judge must restrict himself to asking what does the law actually say.
I have no doubt she would have sided with the minority on the recent gun decision. But it’s striking how little attention this ruling is getting from the the leftysphere. There’s even a loud left majority in favor of the 2nd amendment. Add to that the obvious political dynamite involved in opposing the 2A, I do think the left has given up restricting guns as a policy goal.
> The Constitution means NOTHING to them.
Neither does TRUTH.
These people are unscrupulous, Godless, unGodly tyrant wannabes.
They should not be allowed to participate in lawmaking, jurisprudence, or execution of the law.
But the American people have been dumbed down by their TVs.
A somewhat appropriate name, but I like to call it American Idolatry.
I truly think that Kennedy went with the 4 conservatives in part because of his good friend Lawrence Tribe. Tribe is a renowned liberal law school professor who came out in favor of the individual rights interpretation over 10 years ago.
Those on the left who claim to be in favor of the RKBA are also in favor of advancing restrictions. They'd dismantle what's left of the RKBA, given the chance; as in expand the locales where DC-style permitting and registration (and approved gun lists) are practiced. They'd eliminate private sales, and other means that are useful to keep the government wondering.
Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be “settled law.”
If you are fool enough to believe this statement, you would believe Clinton and Gore. This fraud will say anything to get confirmed and become the liberal activist spoiler of our judicial system.
I heard that tired old lefty loon Bob Beckel on BOR last night still trying to argue that the Second Amendment was all about militias and not an individual right. Don’t think for a second that Kagan doesn’t believe the same.
She’s a liar.
Firstly, the premise is bogus. The recent high court decisions did not expand any gun rights, they merely moved towards reinstating them from facist power grabs.
Secondly, Kagan's statement is so stupid on so many levels. Whether you agree or disagree with the recent rulings the ink is barely dry on the ruling yesterday so how is it actually "settled law", implying some sort of long standing ruling?
The woman needs to be hammered and hammered again to show how wrong she is for the appointment.
I think her nose grew a little
I agree with you. If she said what the article says she said, she's lying and will vote to overturn any attempts to enshrine the second amendment as an individual right. She's not as clear as Sotomayor was about it, so the lie won't be as obvious, but it will be a lie nonetheless.
I am very disappointed with the GOP members of Judiciary for not pointing this out during the Kagan testimony. "The last person who sat in that chair answering our questions lied yesterday. Can you give us assurances you are not lying as well?"
Liberals will ALWAYS say what they have to say in order to get the position. Once they are in, they will do whatever they damn well please.
I have contacted Sessions and Hatch as well as my two senators and voiced my concerns about this nominee. I have strongly encouraged them all to filibuster, which means they each will have to grow a backbone.
I’d contact mine, but she’s right up Boxer and Feinstein’s alley. And Dianne, it may come as a shock to you, but the gang bangers you’re so worried about carry guns in their cars, on their persons, don’t bother to buy them legally and don’t bother to register them.
But you keep lumping the rest of law-abiding Americans in with them. Just like we’re all racist for wanting illegals deported. Must really suck to hate to have to ask us for your vote every 6 years.
Too bad Sotomayor can not be charged with perjury for what she said in her confirmation hearing vs her vote on the Chicago case. I think she was under oath during the questioning in the confirmation hearing.
Sotomayor claimed at her confirmation hearings that she supported the 2nd Amendment.
This month she sided with the losers, supporting Chicago’s failed gun ban. That makes Justice Sotomayor a liar.
Well, don’t trust Kagan either; she’s a liar too.
During the Clinton Administration she was against the 2nd Amendment, advising for very tight gun control. Now she states it is “settled law”.
I say BS.
It is time Republicans look at what a SCOTUS candidate has done in the past - not what that person claims to believe.
Kagan is a liar.
Throwing Feinstein out of office would be a good start.
Note to Diane Feinstein:
Since you & your bodyguards hold 4 of the 7 issued concealed carry permits in the City of San Francisco-———you cannot possible understand what I am about to tell you, but I will try.
After 40 ++ years of living in California (3/1964 to 12/2004) I can tell you personally why you have gangs & crime out of control in California.
Most of those gang members are illegals or 1st generation offspring of illegals who are born with a criminal attitude. Their parents broke the law in getting here & they have been steeped with the La Raza ideas that they are the true ‘citizens’ of California. They refuse to believe that there really IS a border & that this side of that border belongs to the USA & IT’S CITIZENS.
Blacks have their own gang problem, but fighting off the south of the border illegals has heightened their problems. They all leave school about the 7th grade. 16 y/o kids have $65,000 cars, 7 cellphones, 5 pagers, no job, a number of hangerson, & none of the mothers or grand mothers seem to connect the dots & figure out that little Shanaka or Jose just MIGHT be DRUG DEALERS!!!!
MS-13 has a stranglehold on major criminal activity in the southern 1/3 of California, along with the drug dealers & providers.
There hasn’t been a concentrated effort ever in California to put down the crime & the perps of those crimes. I can remember when CRAZY Maxine Waters told all of us that ‘Graffitti was only an expression of their culture”.
I contend that there is nothing cultured about anyone coming in illegally from south of the border, much less anything cultured about defacing some one else’s property.
I saw the BLACK MAYOR—TOM BRADLEY— tell the blacks ‘No Justice=—No Peace’ from the alter of the AME church, & that remark triggered rioting over the Rodney King verdict. Many of those buildings will never be rebuilt. No one will insure them.
That person—Tom Bradley—a former police chief & the MAYOR of Los Angeles was a shining example of what constitutes a “LEADER” in California. He should have been indicted for inciting a riot—& both he & his life-long criminal daughter skated....She was another wonderful person who got her crimes covered up.
I saw normal single family homes go from clean lawns with bright flower beds & sparkling swimming pools to cars parked everywhere—lawns-drivways-fire hydrants-everywhere. Boom Boxes proliferate at all hours, with no respect for the actual persons in the neighborhood who have to go to a real job in the AM.
By the time I left So Calif in 1993, I could ::
NO longer drive down the surface streets at any time of day without a dog with me in the car & all the windows rolled up & the doors locked because of the swarming by illegals at EVERY stoplight.
NO longer go to a restaurant unless I went before dark & had a restaurant employee escort me to my car at the end of the evening. Black Angus on Tampa was very accomodating about this, as was Baker’s Square.
NO longer sleep at night without a large floor fan running to drown out the noise of the police helicopters over the corner of Tampa & Parthenia, & the gunshots from the same location. The “low income housing’ built there rarely had a day go by without a body being taken out from there.
NO longer go shopping for groceries after dark. Neighbor got mugged & almost beaten to death over her groceries & her change from the store cashier.
NO longer shop anywhere after dark—even the best malls.
MUST keep locking gas caps on my vehicles or lose the fuel within.
WHEN you get a grip on the fact that the illegals are destroying your state- both financially & regarding safety, then perhaps you will get aggressive about putting them south of the border & putting up a wall similar to the wall Israel uses.
Your own city of San Francisco calls itself a ‘sanctuary’ city. What the hell kind of message does that send to the people who are breaking the law in their first step into this country????
Until then, you can hide behind your 4 concealed carry permits & your bodyguards.
The rest of us who live/lived in California deserve better.
I spent my most productive years & highest taxable years in California. I could have never retired there with the grinding stupidness of the Legislature & the complete lack of caring for the ordinary citizen & the safety of that citizen.
I will admit that I got to the point where I carried a gun when I left my house. The complete deterioriation of the value of the single family & their home has gone past the tipping point.
I will never go back to California.
I am working diligently to get 2 other families out of there for good.
Beckel is one sick puppy.
Beckel is one sick puppy.”
Some of can afford to live behind guarded gates & real live human guards.
The rest of us can afford to buy ammo. We become out own guards.
Settled law is settled law until it is changed for the better.
Quite profound. (extreme sarc)
Hell, given their most recent ruling, even four members of the court themselves don’t even look at court precedent as being “settled law”. Those four justices continued to act as if the 2nd didn’t apply to an individual in their decent against incorporation of the 2nd. They acted as if the Heller ruling never happened....
Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.Get off her back, it depends on what your definition of is is. ;') Thanks Clump
“heard that tired old lefty loon Bob Beckel on BOR last night still trying to argue that the Second Amendment was all about militias and not an individual right. Dont think for a second that Kagan doesnt believe the same.”
I think they both know better. The agenda has always been to disarm Americans, because it gave pause to anyone considering invasion.
However, the internal takeover using schools, colleges, the media, infiltration of government, and discrediting our system and its founders has been so very successful, it seems more likely every day that their goals are already nearly achieved.
“..The woman needs to be hammered and hammered again to show how wrong she is for the appointment...”
She needs to be WALKED OUT ON, BORKED, and CLARENCE-THOMASED by the GOP.
That’s what needs to happen. Good luck with that.
She’s a Leftist. Everything America stands for is unworkable to them.
Another Obama junk pick that we’ll suffer under for decades.
Supreme Court decisions are settled law? Does that mean she disagrees with a former Court’s reversal of the Dred Scott decision?
Agree. Lawrence Tribe is as responsible for the decision as any sitting justice.
Agree. Lawrence Tribe is as responsible for the decision as any sitting justice.
What bitches her and Boxer both are.
NRA where are you?
Doesn’t mean diddly - Plessy v. Ferguson was “settled law” - right up until the point that Brown v. Board of Education was decided.
She’s a good liar, isn’t she? She would vote to reverse that decision in a New York minute! Her kind will always find some “different, extenuating circumstances”.
Yeah, I kinda thought it was “settled law” ‘bout 200+ years ago...
Call me crazy...
Who was it who threw this softball question at her in the first place???
We already know she’s going to lie about her intent in the answer...