Guns

Sonia Sotomayor and the Second Amendment

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During last year's Supreme Court confirmation hearings for Sonia Sotomayor, one of the most controversial issues centered on the would-be justice's approach to the Second Amendment. As I argued at the time, her 2nd Circuit vote in the case of Maloney v. Cuomo, where she held that the Second Amendment did not apply to the states, did not bode well for her future treatment of gun rights on the Supreme Court. It turns out those fears were well-founded. On Monday, Sotomayor joined the dissent of Justice Stephen Breyer in McDonald v. Chicago. As gun rights expert David Kopel explains in today's Washington Times, Breyer's dissent did not just oppose extending the Second Amendment to Chicago, it opposed the Second Amendment itself:

Not only did Justice Stephen G. Breyer vote against extending the Second Amendment to state and local governments, he also argued forcefully and at length for overturning Heller and, therefore, for turning the Second Amendment into a practical nullity. Ominously, Justice Sonia Sotomayor joined the Breyer dissent—contradicting what she told the U.S. Senate and the American people last summer….

The Breyer-Sotomayor-Ruth Bader Ginsburg dissent urged that Heller be overruled and declared, "In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense."

Contrast that with her Senate testimony: "I understand the individual right fully that the Supreme Court recognized in Heller." And, "I understand how important the right to bear arms is to many, many Americans."

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  1. Dude, you’ve got to give the whole quote. Don’t be taking stuff out of context.

    “I understand how important the right to bear arms is to many, many Americans but those rednecks can kiss my bumpy ass.”

    1. She said she understood those words. She didn’t say she agreed with those words.

      1. Bingo. She understands those rights, but she hates them and she now has the power to crush them.

      2. I saw that. Very tricky. “I understand and appreciate your position.” (but thinking, but you’re just wrong and I will never agree with you).

    2. (grins from ear to ear)

  2. Well, I understand how important social programs are to many, many Americans. That doesn’t mean I wouldn’t get rid of them.

  3. Is this surprising? They’ll say anything to get confirmed – liberals and conservatives both. Also, I ‘understand’ does not mean I ‘agree.’

  4. NRC panel: Nuclear waste dump process continues

    LAS VEGAS ? A Nuclear Regulatory Commission legal panel put a proposal for a national nuclear waste dump in Nevada back on track Tuesday, at least until the full commission decides whether the Department of Energy can withdraw its plan.

    Energy Secretary Steven Chu doesn’t have the authority to pull the plug on a process that Congress started when it passed the Nuclear Waste Policy Act in 1982, the NRC Atomic Safety and Licensing Board said in a 47-page order issued in Rockville, Md.

    “Congress directed both that DOE file the application … and that the NRC consider the application and issue a final, merits-based decision,” the panel said. It said letting the department “single-handedly derail” the process would be “contrary to congressional intent.”

    Nevada state and Energy Department officials promised to appeal to the full five-member commission.

    http://www.google.com/hostedne…..gD9GL6EGG0

  5. I understand looking like a shaved zubron.

    1. How about a hairy cabron instead?

  6. Oh so the magic latina was a lying sack of shit during her confirmation hearings? Color me shocked. Too bad that can’t bring her up on perjury charges. She was under oath.

    1. Read her words, she didn’t lie, she evaded with some lawyerly bullshit.

      1. Which leads to the question, why wasn’t this noticed at the time? Why didn’t someone ask “Yeah you understand it, but do you agree with it?”? Was she the only lawyer in the room? If so things really have changed under Obama.

      2. Which leads to the question, why wasn’t this noticed at the time? Why didn’t someone ask “Yeah you understand it, but do you agree with it?”? Was she the only lawyer in the room? If so things really have changed under Obama.

  7. “In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense.”

    And you know what? Not a goddamn thing will be done about this stupidity.

    Nothing.

    These damned fools hold the power to deny any of us or supposed “God given rights” with a slight change. And the worst part is not that these people are in this position of power, it’s that the subjects of this country allow them and allow the other mental defectives we call politicians and judges to think they have this power.

    What do I want? I want these idiotic mini tyrants to know fear. Fear that frightens them to their shriveled, black core. Fear of people who truly realize and exercise thier rights. It’s clear that they will never truly respect rights. Most of them cannot fathom liberty to begin with much less allow others to have it. So they need to know deep, threatening, and unrelenting fear.

    And it will never fucking happen.

    It’s only a matter of time before we really lose. Look at what all has been taken from us already.

    You know, it seems like the “rights” we have are nothing but a lie at this point.

    1. Impeach her ass. Throw out one judge. Just one. And deprive them of their power and fat retirement and the rest would get the message. It won’t happen, but I would love to see a radical Congress come in and throw her fat ass out on the street for lying during her confirmation hearings.

      1. Unfortunately she didn’t really lie. They let her wiggle out of the question without actually affirming her support for Heller.

        1. True. You are correct. And shame on the lazy stupid Republicans for not calling her on it. Where the hell was the followup question?

    2. One hopeful sign is the fact that the tyrants are scared to hold any townhall meetings this summer.

  8. *yawn*

  9. Basically, she committed perjury.

    All it will take is for one of the 5 conservative justices to retire during a Democratic president to have the 2nd Amendment effectively nullified.

    It’s just a matter of time.

    1. Not quite. They won’t retire while someone from the other team is in the White House, which is exactly why Stevens and Souter waited until Obama was president.

      Nonetheless, an unfortunate death or two could occur out of sequence and then you would be correct… we would be fucked.

  10. In fairness Sotomayor did say that she “understood” it, not that she agreed with it.

    1. You know, that’s exactly what she meant by that statement if you think about it, and it’s condescending as hell.

      It’s “bitter clingers” redux: of course I understand that it’s important, but sometimes you have to break a few eggs to make an omelet and you yahoos just don’t know what’s best for you, anyway.

  11. Morphing cars and planes closer as Pentagon develops shape-shifting robot
    Pentagon research scientists have taken a first step towards “Transformers”-style shape-shifting cars and aircraft, with a robot that can fold itself like origami into different forms.

    http://www.telegraph.co.uk/mot…..robot.html

  12. La Puta del Bronx!

  13. Dude, you’ve got to give the whole quote. (Props to SF.)

    “In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense. They clearly intended merely that the proper people be provided armed bodyguards at taxpayer expense.

  14. She didn’t lie any more than Roberts or Thomas did. You think Thomas said he agreed fully with Epstein on the takings clause? Both sides lie to get confirmed.

    1. “Both sides lie to get confirmed.”

      Which is why having as much information about a nominee’s actual record and previous statements (both written and oral) is vital. If a nominee tries to block such information it should be suspect.

  15. Does the First Amendment apply to the states? Could a state, for example, ban Islam? If not, why is the Second Amendment any different?

    1. On a similar note, the North Carolina Constitution has a tidbit on who can and cannot hold office in the state:

      Article 6, Section 8: First, any person who shall deny the being of Almighty God.

      Of course, it’s rendered void by the Supremacy Clause, but there is still a fuss going on about an atheist in Ashville, I think, who was elected to the city council.

      1. Interesting. This should be mentioned to anyone who wants to ban guns on a local level Ask them how they reconsile that.

    2. Wish they could ban Islam

      1. You do? Would you really want the government to have that much power? If they could ban Islam they could ban whatever your religion is. Or if you are atheist they could ban atheism etc.

  16. LOL – the lefties on the Court know what the founders meant with the 2nd Amendment. It’s not about gun ownership for personal protection, but rather the right for the people to protect themselves against a government which is attempting to become a dictatorship. This is what the progressives really want, because dopes like Sonia don’t think anybody but a “wise latina” is capable of thinking for themselves. There are a lot of children of “wise latinas” shooting up places like Arizona lately.

    1. What the? “There are a lot of children of wise latinas shooting up places like Arizona lately.” That’s an anti-immigrant myth. Crime has gone down there lately.

      1. How much lower would it be without the Mexican invaders? How many crimes committed by the invaders is an acceptable level?

        1. That’s right, we needs to arm ourselves against the Brown Peril! Let’s all form us a posse, and not invite any of those sissy Northern “cosmo” boys. REMEMBER THE ALAMO!!!! YEEEEEEEEEEE-HAAAAAAAAAAWWWWWWWWWWWWWWW!!!!!!!!

        2. How much lower would it be if they ordered all the white, Euro-Americans to pack up their trailers and drive off the Grand Canyon? What is your control group, nimrod?

        3. Actually it would probably be higher. Illegal immigrants tend to avoid committing crimes because they don’t want the police to come for them. The idea that immigrants are all budding gangsters seems to be based on sterotypes of early 20th century Italians, Jews and Irish.

        4. Actually it would probably be higher. Illegal immigrants tend to avoid committing crimes because they don’t want the police to come for them. The idea that immigrants are all budding gangsters seems to be based on sterotypes of early 20th century Italians, Jews and Irish.

    2. It’s not about gun ownership for personal protection, but rather the right for the people to protect themselves against a government which is attempting to become a dictatorship.

      This. Totally this.

      1. I’m actually perfectly fine with the idea of the 2nd amendment as a right to form a militia. I just refuse to believe that the right applies only to the national guard. The militia is every man and woman who can hold a gun and is willing to stand up against tyranny.

        1. Legally, it’s only the men. No bitches need apply.

          Which irks me, just like it irks me that women don’t have to register for the draft. Not that I ever registered for the draft, but still. We’re either trying to make the law gender-neutral or we’re not.

  17. Freedom is about authority. Freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do

    1. Ausgezeignet! Und arbeit macht frei.

  18. What do you expect from a left winger. All they do is lie, and then try to make excuses. Her remark about the old white man showed that she not only is a lier, but a racist lier. Hope everyone who wanted her is happy. If she has her way your right to have a gun will soon be gone. That’s why I’m buying mine along with plenty of bullets now.

  19. And Kagan answers similarly to Sotomayor during her confirmation process-


    “I think the fundamental legal question would be whether the Constitution guarantees an individual’s right to bear arms, and Heller held that it did, and that’s good precedent going forward,”

    They are probably coached on how to make it sound as though they agree with the courts decision from a personal standpoint, when really they just mean that they agree that a law has been passed that says that the 2nd is an individual right.

    The truth is that they fully intend to fight back against McDonald and Heller as soon as they get a chance.

  20. What Sotomayer said at her confirmation hearing may not rise to the level of perjury, but it’s pretty close, and perjury is a serious crime. There was a clear intent to deceive. In any event, if articles of impeachment were drawn up against her for ALLEGED perjury, even if she were ultimately acquitted it would serve a useful purpose in that it would drive scare the **** out of the weasels and drive home the need to speak truthfully. Confirmation hearings aren’t purely political theater, and words have meaning.

  21. In an ideal world, Breyer & Sotomayor would not only be impeached & removed from office, they’d also be tried by jury for treason, convicted, put up against the Washington Monument, and executed by firing squad, live on CSPAN. Too bad we don’t live in a perfect world.

  22. You guys are amazing by just how one-sidely partisan you are. So many of you act like this is news. Well, if they’re going to impeach Sotomayor, they’d better get the bench warm for the other eight justices ’cause based on their testimony they’re next.

  23. So much for stare decisis. Apparently the paint wasn’t dry enough on the Heller vs DC decision for Sotomayor’s deep, abiding respect for precedent to carry the day. Mama lied.

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