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May 31, 2009
My Sunday morning suicide mission
As if there wasn't enough wrong with Justice Sotomayor, now we learn she is against the Second Amendment: Just six months after Heller, however, Sotomayor issued an opinion in Maloney v. Cuomo that the protections of the Second Amendment do not apply to the states, and that if your city or state wants to ban all guns, then they have the right to disarm you. Such an opinion seems to fly directly in the face of Heller, exposing Sotomayor as an anti-gun radical who will affirm full-on gun prohibitions and believes that you have no right to own a firearm, even for the most basic right of defending your family in your own home.And of course it's been called "suicide" to oppose her. Clearly, the woman has no respect for the Second Amendment. Considering that this was post Heller, I guess this also means she has little respect for precedent. No doubt she "would put it differently." (They always do.) I'm feeling recklessly suicidal today, so I think maybe they should go ahead and oppose her -- even though that might mean "death" for the Republican Party. Huh? It was alive? posted by Eric on 05.31.09 at 09:27 AM
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Sotomayor's ruling, though, disrespects the plain intent of Heller "that the Second Amendment conferred an individual right to keep and bear arms." And she went further than the Ninth Circuit: http://www.cnsnews.com/public/content/article.aspx?RsrcID=48718 ***QUOTE*** “We will uphold legislation if we can identify some reasonably conceived state of facts that could provide a rational basis for the legislative action. Legislative acts that do not interfere with fundamental rights … carry with them a strong presumption of constitutionality,” the appeals court concluded. “The Fourteenth Amendment,” she wrote, “provides no relief.” ***END QUOTE*** Eric Scheie · May 31, 2009 05:43 PM "that might mean "death" for the Republican Party. Huh? It was alive? " Technically no, it's a zombie but since it only shoots itself in the foot and not in the head it keeps on shambling along. I used to think it was cute, but we could REALLY use an actual opposition party right about now. guy · June 1, 2009 12:00 AM Pres. Obama won't allow himself to be held to a promise, nor will he take the heat or responsibility for that broken promise. One of his greatest talents is to let others take the action, and he can take the credit if it is successful, or shift the blame as necessary in case of failure. He's brilliant at this game of human smoke-and-mirrors, and the press allows it to happen, as well. Rob · June 1, 2009 01:04 PM Post a comment
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Not to disagree...
But the Supreme Court chose, in the Heller decision, to not take the next step of incorporating it under the 14th and applying it to state actions. They could have, but they didn't. They used DC's unique status to restrict the ruling to Federal actions.
Which is a shame.