Obama's Supreme Court Shortlist and the Second Amendment


At the Volokh Conspiracy, gun rights scholar and Reason contributor David Kopel offers a handy overview of how Obama's potential replacements for retiring Supreme Court Justice John Paul Stevens measure up on the Second Amendment. Here's a snippet:

Extensive record of anti-Second Amendment leadership: Secretary of State Clinton, Sen. Sheldon Whitehouse, Gov. Deval Patrick.

Limited but clearly negative record on right to arms: Judge Diane Wood, Judge Merrick Garland….

Unknown: Elena Kagan

Read the whole thing here.

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  1. File in the obvious bucket. Who wants to bet a similar record on free speech and multiple statist positions?

  2. And here I was hoping to be able to buy ammo cheap, along with other shit. These assclowns are fucking up my whole damn summer.

    1. I’m there with you. The days of cheap ammo are gone. From now on it’s overpriced or way overpriced, when you can find it at all. If you’re not into reloading, learn how, get the equipment you need, and make every practice shot count.

      1. Also would add to consider switching to a .44 or .45 if you carry a smaller caliber–don’t want to be too dependent on finding expanding bullets.

        1. So why aren’t more people jumping into the ammo business, since it appears to be insanely profitable now?

          1. It takes a few years to get all the required legal paperwork, insurance, production lines, workers etc you need to open an ammo business. The current ammo shortage started about a year and a half ago. Most manufacturers are already cranking out ammo 24/7. They are reluctant to expand their capacity (and others are reluctant to start up new manufacturing businesses) because they are convinced the current frenzy is temporary. I’m not so sure that it is temporary–I dont see it changing unless we get a massively pro gun Congress or president in ’10 or ’12, and/or pull out of Iraq or Aghanistan.

          2. Entry barriers are huge and costly. A few years ago the government tried to stop the resale of military spent brass. Which luckily was stopped.

        2. You presume you don’t want HPs if you carry a .45. When I carry, it’s a 1911 .45 full of Speer Gold Dot HPs.

          1. Id certainly carry HPs in any caliber if I had a choice. But if none are available in any caliber and you have to cast bullets out of wheel weights or whatever (or you can only find FMJ), Id rather have a non expanding large caliber than a non expanding small caliber.

      2. Around here (MA), I certainly see an ammo shortage, and overpriced ammo, but I have yet to see actual bare shelves. The only caliber I haven’t been able to find lately is .32 auto, and that’s not exactly important. .22 is plentiful and cheap (525 rds for $20). 9mm is somewhat less plentiful, but I’ve been able to find boxes of 50 for $13, and every store usually has at least 2 boxes on the shelves every time I go in (which I promptly buy). 9mm JHP is available most places too, but usually about $40.

        1. That’s about what I’m seeing too. None of the shelves around here are completely bare but the selection is usually quite limited, and out of stock in this or that particular caliber. I can remember 10 years ago when you could buy as much as you wanted, any load you wanted, at a good price. 9mm or 5.56 ball for 8-10 cents per round, JHPs on special for not much more than that. Those are the days that are gone.

        2. The price for 7.62 x 39 for my SKS pretty much doubled in the past two years.

  3. The politicians do their Kabuki show, but no one can SAY, I chose this person because of their political view. And the confirmation hearings….useless. No Senator, I can’t comment on that issue, it may come before me on the court. No ones SAYS the obvious…that’s why I’m asking you about it.

    Rant over

  4. It’s like Obama is determined to make 1994 look small.

    1. I have to wonder whether he and his people don’t see it coming, or do see it coming and are just trying to get everything they can passed/nominated/etc before then.

      1. Yeah, but Epi they have to realize there is process that allows for repeal…It’s suicide I tells ya!

    2. They are operating exactly opposite to Clinton’s term. When Clinton was weak they ramped it up, when Clinton ramped it they are acting weak. It’s almost the inverse of Clinton’s first term.

  5. What’s amazing to me is the worst three are politicians. Given the national political mood against gun control that amazes me much more than some politically insulated judge being anti-gun rights.

    1. You just have to be from the right area. Being a Senator from New York of governor of Massachusetts is different than being one from Texas. Also, you have to be really insulated from popular opinion. I doubt the politicians listed above actually know anyone who is pro Second Amendment. Supporting gun control, in their circles, is just something one does.

      1. They didn’t grow up with guns, go shooting with their parents, and their parents’ friends, they have no understanding of that culture. To them it’s Dale Gribble and the gun club wackos who are probably in a militia…

  6. Oh stop your incessant wining.
    The 1st, 4th, 5th, 9th, and 10th amendments are all being trampled on to a greater extent and to greater detriment to the Republic than the 2nd.

    1. Yes, we should clearly wait until the 2nd is being shit on as much as the other amendments, before we bother protesting. Perhaps, a lack of “incessant wining” is why the other amendments are being trampled so much?

      1. Nobody whines about the 3rd and last I checked no one forced me to house soldiers.

        1. No – they’re just forcing you to pay for soldiers’ housing.

          And the reason nobody whines about the 3rd is because so few people know jack shit about the Constitution at all, let alone which amendment says what.

          Furthermore, the reason nobody whines about the third is because the fed gov has yet to try to ignore it. The reason people are “whining” about the 2A is because, much like the other amendments identified above, the fed gov has been shitting all over it for years.

    2. I don’t like saying one amendment is more important that the others, but if you have to pick, it’s the 2nd. Without it the government can ingnore all the others with impunity.

      1. Your confidence in the power of the 2nd to protect our rights is misguided. Every adult in America could carry an M16 around with him at all times, and the government would still oppress us with impunity. See Waco.

        1. Ummm, if the vast majority of citizens were into open carry of rifles, I think government officials would be far more deferential to our rights than now.

          Knowing most people are disarmed or disinclined to revolt against oppression encourages abuse.

        2. The government was able to do what they did at Waco, and get away with it, precisely because most Americans saw them as marginalized nuts and did not identify with them.

        3. Just because you are a pussy don’t assume everyone is.

    3. I completely agree with Warren. This is all a smoke screen. We spent over a year on healthcare reform, and all the while the administration was appointing czars, infiltrating every last responsible group, and destroying the country while we were distracted.

  7. I saw Warty’s comments after I posted, but I share his conclusion…

  8. Obama is Dukakisizing the Democratic Party…

  9. I guess I had better hurry up and buy that 9mm Sig I have been lusting after.

    1. You’re lusting after a 9?

      I bet Sig makes that gun in a real caliber, too.

      1. 9mm can punch a hole through flesh just fine … what, you want armor-piercing bullets? You planning on taking out a tank?

        1. you know, 9mm will bounce off a windshield, yadda yadda…

      2. Its pretty well documented that the 9 is an inferior anti-personnel round to a .45. Unless you are really, really recoil-sensitive (like my wife), I don’t know why anyone would pick a 9 when you can get the same gun in a .45.

        [C’mon, work with me guys. Trying to get a gun geek threadjack working here].

        1. OK I’ll join. 9mm is fine with me if I can get a really hot JHP that feeds reliably in my gun. A few of those loads are right up in .357 magnum territory. Otherwise I’ll take a .45, it’s much less load-dependent. Just about any load that cycles a .45 will work decently in a self defense situation.

  10. do see it coming and are just trying to get everything they can passed/nominated/etc before then.

    I think Team Obama is going to be running their Two Minute Drill from now until the election.

  11. If only Gary Johnson could be the GOP nominee in 2012. *sigh*

  12. I love how the full list includes Janet Napolitano. Shit, Johnette Napolitano is probably more qualified to be on SCOTUS than our dimbulb DHS Secretary.

  13. Unless they are unqualified or really batshit insane, the Republicans would do well to let him have who he wants. Hillary Clinton and Devel Patrick are unqualified. Wood is batshit insane. But Kegan is about as good as one could expect.

  14. For the life of me, I don’t understand why in the world the next nominee apparently HAS to be another woman, when the last one was a woman. I mean, you’d think that the “short short” list would have at least ONE man on it, wouldn’t you?

    1. Stevens was the last white Protestant on the court. White Protestants are over 50% of the population. So much for a court that “looks like America”. In modern liberal America every tribe gets theirs except for white Protestants. And they can just go fuck themselves I guess.

      1. Well you’ve had a pretty good run on the presidency, Kennedy and current prez notwithstanding…

    2. Mike, we won’t be finished fighting sexism until women make up 50% or greater of the participants in every field. That means they’ve got 3 more female justices to go!

    3. Harold Koh is a man and he’s on the short list.

  15. Because there are no men qualified to be on the Supreme Court, Mike. Not one. Anywhere.

    1. Men have been fucking up the world since the beginning of time. When we have 5 women on the Supreme Court, you can start to bitch.

      1. And women of course bare no responsibility for the human condition. Nope none. In fact women are some kind of sub human species beyond moral culpability. Only men are worthy of such responsibility. And they are so worthy in fact, that they deserve the blame for all human faults.

        Good thing you don’t look down upon women or anything.

        1. I suppose the first thing you notice in a woman depends on which direction she’s walking.

          1. and I suppose you believe contrary to about 10,000 years of human experience that women have some kind of a moral superiority over men.

          2. Why, yes I do. Her feet. We Lawn Gnomes are a short people.

            1. Don’t lie. You’re scoping out whether or not she has cankles.

          3. You say that like it’s a bad thing.


          4. Hey Sharla – nice tits!

          5. Hey Sharla, are those D cups? Wow, those are certainly more than a mouthful. If held my head between them, could I call long distance?

          6. I suppose the first thing you notice in a woman depends on which direction she’s walking.

            You say that like being a heterosexual male is a bad thing.

      2. Really? And who ate the apple first?

      3. Men and women have been fucking up the world since the beginning of time. When we have 5 women kids on the Supreme Court, you can start to bitch.


      4. Learn to drive a 5-speed, then you can be on the Supreme Court.

        1. Between the cigarette and the cell phone, there aren’t enough hands for a stick shift.

          1. Don’t forget the cheeseburger and mascara. Supposedly, women are better multi-taskers.

        2. HA! Drive a five-speed? That means I totally can be. Pick me, Mister President!

      5. Behind every great man fucking up the world, there’s a greater woman ( or two, or a dozen) egging him on.

        1. ‘Bout time you recognized my man is great! Racist.

      6. Are you fat? You sound pretty fat. You’ll be happier if you lose the attitude, flabtits.

      7. Show me five genuinely qualified women who support interpreting and not legislating from the bench, and I am all for them.

        Janet “Dipshit” Napolitano is not one of them.

      8. Ah, someone is taking “Introduction To Feminism”, isn’t she? They’re always so cute their sophomore year.

      9. The hand that rocks the cradle rules the world.

    2. Merrick Garland is a guy. A nerdy guy, but a guy nonetheless.

      1. With a name like Merrick Garland, could he be anything but an upper class twit? Seriously, his parents must have really hated him.

      2. The progressives must be having Souter withdrawals.

      3. Didn’t he used to be Judy Garland?

        1. The first transgendered Justice. I bet Obama would go for that.

          1. I’d go for that!

            1. You did.

              1. I’m not a tranny!

          2. In more ways than you know buddy!

      4. Deval Patrick also appears to be a guy.

        1. He is actually Harriot Myers in drag.

        2. “Deval” is only one letter different than “Devil”. Coincidence? I think not.

          1. Is it any surprise his mother couldn’t spell for shit?

        3. Deval Patrick also appears to be a guy.

          I’m gonna want the DNA results before I commit to that.

          1. It’s Deval!

          2. Or at least a birth certificate!

        4. I prefer his sister, Cruella Deval.

  16. Is Ginsburg still dying of pancreatic cancer?
    Obama will put at least three on the Court, quite possibly more.

    1. Not actively dying, but she is pretty frail looking. Look for her to be the next retiree.

      1. Only about 5% survive for 5 years.

      2. she was frail looking in 1874 when she was nominated

  17. I don’t know why anyone would pick a 9 when you can get the same gun in a .45.

    I couldn’t respond before, R C, because I was at the gun club, putting a couple hundred rounds through the Sig .22.

    The bottom line is, if I’m going to have a pistol, it’s going to be one I can afford to shoot on a regular basis. I’d go broke shooting a .45.

    Besides, I don’t really spend a lot of time worrying about situations where I might have to shoot anything more ferocious than a gopher.

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