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Kagan On Guns: Court Precedents Are 'Settled Law'
Newsmax ^ | June 29, 2010 | Newsmax

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 ...


TOPICS: Front Page News; Politics/Elections
KEYWORDS: banglist; democrats; guns; kagan; kagantruthfile; sotomayor; youlie
No way she can wiggle out of that one. /sar
1 posted on 06/29/2010 2:09:07 PM PDT by Clump
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To: Clump

She lies.


2 posted on 06/29/2010 2:10:20 PM PDT by C19fan
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To: Clump

She lies just like Sodomayor!! The Constitution means NOTHING to them.


3 posted on 06/29/2010 2:11:24 PM PDT by Dapper 26
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To: Clump
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.

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.

4 posted on 06/29/2010 2:13:29 PM PDT by Petrosius
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To: Clump

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.


5 posted on 06/29/2010 2:13:37 PM PDT by delapaz
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To: Dapper 26

> 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.

American Idol

A somewhat appropriate name, but I like to call it American Idolatry.


6 posted on 06/29/2010 2:15:55 PM PDT by Westbrook (Having more children does not divide your love, it multiplies it.)
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To: delapaz

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.


7 posted on 06/29/2010 2:16:33 PM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
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To: delapaz
-- 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. --

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.

8 posted on 06/29/2010 2:18:18 PM PDT by Cboldt
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To: Clump

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.


9 posted on 06/29/2010 2:19:34 PM PDT by EagleUSA
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To: delapaz

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.


10 posted on 06/29/2010 2:19:52 PM PDT by CholeraJoe ("What did the English ever give you? Muffins and a burnt White House. ")
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To: Clump

She’s a liar.


11 posted on 06/29/2010 2:20:31 PM PDT by vetvetdoug
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To: Clump
Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."

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.

12 posted on 06/29/2010 2:21:22 PM PDT by frogjerk (I believe in unicorns, fairies and pro-life Democrats.)
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To: Clump

I think her nose grew a little


13 posted on 06/29/2010 2:23:13 PM PDT by daku
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To: Dapper 26
She lies just like Sodomayor!!

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?"

14 posted on 06/29/2010 2:23:41 PM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: Clump
This has nothing to do with guns. It is about Roe -v- Wade. If she admitted past decisions could be overturned then RvW would be vulnerable. They will trade ground on guns to hold the line on abortion. As Daley and some of his advisers said today they can use excessive regulation, ammunition restrictions and “Gun Taxes” to make owning a firearm legally nearly impossible without resorting to an outright ban.
15 posted on 06/29/2010 2:24:48 PM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: Clump

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.


16 posted on 06/29/2010 2:24:53 PM PDT by Texas56
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To: Texas56

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.


17 posted on 06/29/2010 2:37:49 PM PDT by Right Cal Gal (Ronald Reagan: "our liberal friends....know so much that isn't so...")
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To: Dapper 26
She lies just like Sodomayor!! The Constitution means NOTHING to them.

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.

18 posted on 06/29/2010 2:46:59 PM PDT by Myrddin
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To: Clump

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.


19 posted on 06/29/2010 3:02:02 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Clump
Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it.

Throwing Feinstein out of office would be a good start.

20 posted on 06/29/2010 3:04:58 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Clump
Photobucket
21 posted on 06/29/2010 3:05:52 PM PDT by mojitojoe (When crisis becomes opportunity, crisis becomes the goal.)
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To: C19fan

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.

Ms. Feinstein:

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.


22 posted on 06/29/2010 3:08:46 PM PDT by ridesthemiles
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To: CholeraJoe

Beckel is one sick puppy.


23 posted on 06/29/2010 3:10:20 PM PDT by ridesthemiles
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To: ridesthemiles

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.


24 posted on 06/29/2010 3:11:31 PM PDT by ridesthemiles
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To: Clump
Let me see if I have this right.

Settled law is settled law until it is changed for the better.

Quite profound. (extreme sarc)

25 posted on 06/29/2010 3:15:19 PM PDT by Know et al (Spill chock want ketch awl yore miss takes.)
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To: Clump
i wasn't born yesterday...

26 posted on 06/29/2010 3:20:12 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: Clump

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....


27 posted on 06/29/2010 3:35:27 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: AdmSmith; Berosus; bigheadfred; blueyon; Convert from ECUSA; dervish; Ernest_at_the_Beach; ...
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
28 posted on 06/29/2010 3:41:30 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: CholeraJoe

“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.”

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.


29 posted on 06/29/2010 3:43:20 PM PDT by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
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To: Clump

Liars lie.


30 posted on 06/29/2010 3:44:45 PM PDT by 1010RD (First Do No Harm)
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To: frogjerk

“..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.


31 posted on 06/29/2010 4:24:55 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Petrosius

She’s a Leftist. Everything America stands for is unworkable to them.

Another Obama junk pick that we’ll suffer under for decades.


32 posted on 06/29/2010 4:29:49 PM PDT by 1010RD (First Do No Harm)
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To: frogjerk

Supreme Court decisions are settled law? Does that mean she disagrees with a former Court’s reversal of the Dred Scott decision?


33 posted on 06/29/2010 4:43:59 PM PDT by Sgt_Schultze (A half-truth is a complete lie)
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To: Clump

Agree. Lawrence Tribe is as responsible for the decision as any sitting justice.


34 posted on 06/29/2010 6:18:37 PM PDT by Texas Federalist (DeMint 2012!)
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To: Clump

Agree. Lawrence Tribe is as responsible for the decision as any sitting justice.


35 posted on 06/29/2010 6:18:54 PM PDT by Texas Federalist (DeMint 2012!)
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To: ridesthemiles
I live in CA now and I am working on getting out. BTW, I am sending DiFi an email remindering her of an exchange we had a few years ago, via email, in which she tried to tell me that the 2nd only pertained to "collective" rights, as in a militia. She also tried to say the SCOTUS has never ruled that the 2nd was an individual right. I am going to crow and point out how wrong she was and still is.

What bitches her and Boxer both are.

36 posted on 06/29/2010 6:29:48 PM PDT by calex59
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To: Clump

NRA where are you?


37 posted on 06/29/2010 6:43:35 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: Clump

Doesn’t mean diddly - Plessy v. Ferguson was “settled law” - right up until the point that Brown v. Board of Education was decided.


38 posted on 06/29/2010 6:44:48 PM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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To: Clump

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”.


39 posted on 06/30/2010 4:26:57 AM PDT by 2harddrive
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To: Clump

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...


40 posted on 06/30/2010 6:55:51 AM PDT by stevie_d_64 (I'm jus' sayin')
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