Sotomayor?


DocMort

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Obama will catch flack whoever he picks, but it appears that Sotomayor is actually somewhat moderate maybe more so than the liberals might like and probably not as liberal as Souter who she is replacing.

Here is a little background on her from wikipedia, have not found anything on where she stands in regards to firearms or rights.

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This doesn't sound so good.

Last year the Supreme Court handed down the landmark decision in D.C. v. Heller, holding that the Second Amendment right to bear arms applies to individual citizens in their private lives. The ruling marked a turning point in gun rights in this country.

In the past year, the biggest question courts now face is whether the Second Amendment applies to the states. That may sound crazy, but the reality is that the Bill of Rights only controls the federal government, it doesn’t apply directly to states or cities. Only the parts of the Bill of Rights that are “incorporated” through the Fourteenth Amendment apply to the states.

Since the Heller decision, only two federal appeals courts have written on the Second Amendment. That’s six judges out of about 170. Of those six, three said the Second Amendment does apply to the states. And those judges were out of the liberal Ninth Circuit in California, and included a judge appointed by Bill Clinton and another appointed by Jimmy Carter. — Even leftist judges can get this.

But not Judge Sonia Sotomayor. She is one of only three federal appellate judges in America to issue a court opinion saying that the Second Amendment does not apply to states. The case was Maloney v. Cuomo, and it came down this past January.

That means if Chicago, or even the state of Illinois or New York, wants to ban you from owning any guns at all, even in your own house, that’s okay with her. According to Judge Sotomayor, if your state or city bans all guns the way Washington, D.C. did, that’s okay under the Constitution.

This issue could not be more important. Today, on the very day President Obama has announced Judge Sotomayor’s nomination, the National Rifle Association is arguing Second Amendment incorporation in court before the Seventh Circuit in a case challenging the Chicago ban on handguns.

If this case, or one like it, goes to the Supreme Court, Justice Sotomayor would say that Chicago can ban all your guns. If she can persuade her liberal colleagues on the Court to join her, it could become the law of the land that states and cities can ban guns. Should that happen, then you can expect anti-gun liberals in state legislatures to rush to pass new state laws doing exactly that.

The White House is telling us all about Judge Sotomayor’s compelling personal story — and it is an amazing story of what is possible “only in America.” But compelling personal stories are not the question. Miguel Estrada, whom President George W. Bush nominated to the D.C. Circuit appeals court and was planning on nominating to the Supreme Court, had a compelling story as a Hispanic immigrant who legally came to this country not even speaking English. Democrats filibustered Mr. Estrada.

Supporters point out that Judge Sotomayor was first appointed by George H.W. Bush for the federal trial court — before Bill Clinton elevated her to the Second Circuit appeals court. That’s true, but George H.W. Bush also gave us Justice David Souter, so clearly he wasn’t too careful about putting liberals on the federal bench. We can’t allow the left to hide behind the Bushes.

But when it comes to gun rights, we don’t need to guess. Judge Sotomayor has put in writing what she thinks. President Obama has nominated a radically anti-Second Amendment judge to be our newest Supreme Court justice.

There are a number of pro-Second Amendment Democratic senators from deeply red states, including Mark Begich from Alaska, Jon Tester and Max Baucus from Montana, Ben Nelson from Nebraska, Byron Dorgan and Kent Conrad from North Dakota, and Tim Johnson from South Dakota.

These senators will jeopardize their seats if they vote to support an anti-gun radical for the Supreme Court. Second Amendment supporters will now be up in arms over this radical anti-Second Amendment nominee, and you should never underestimate the political power of American gun owners.

Ken Blackwell is a senior fellow with the American Civil Rights Union and the Family Research

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I think this just goes to show that obama is appointing people who will push against gun rights and then stand back and say that he had nothing to do with it when it comes to election time. He is going to wash his hands of it and let his people do the dirty work for him.

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To be realistic, we all had to know that Obama would not nominate a judge that was conservative, just was not going to happen. Whether Sotomayor will be any more persuasive than what Souter was with the other judges, who knows. We can assume she is anti second amendment, Souter who she would be replacing was liberal and was in the minority in the Heller case ruling. Not like she is replacing a conservative judge.

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To be realistic, we all had to know that Obama would not nominate a judge that was conservative, just was not going to happen. Whether Sotomayor will be any more persuasive than what Souter was with the other judges, who knows. We can assume she is anti second amendment, Souter who she would be replacing was liberal and was in the minority in the Heller case ruling. Not like she is replacing a conservative judge.

I agree totally. He could have done a lot worse with this appt, but even if he would have, the balance would not have shifted in the court.

Personally I dread his next appt more.

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The press is falling all over this woman in NYC. You'd think she was the 2nd coming of Obama.

BHO actually said" there is no reason whatsoever ANYONE could find, NOT to confirm her for the Supreme court".

Our president must be from space. He thinks everyone is on board with his views and plan.

He won the electoral good, but just won the popular vote. That tells me there are almost as many people who want things to go in another way than down the drain. Too many urban area people are being pushed into office who have no background in the outdoors or shooting. So it is no surprise that they become antis when they get the chance.

How soon before Texas secedes?

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"Earlier this year, President Obama's Supreme Court nominee joined an opinion with the 2nd Circuit Court of Appeals ruling that Second Amendment rights do not apply to the states.

A 2004 opinion she joined also cited as precedent that "the right to possess a gun is clearly not a fundamental right."

She is anti gun as they come!!!!! That alone proves she does not believe in the second amendment!

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It's not just the 2nd Amendment, I don't think she believes in the Constitution, period. Clearly she's capable of substituting her own "feelings" or "ideas" about what is right or wrong rather than relying on what the Constitution says to make her judicial rulings.

That's why 60% of her previous rulings that went on to the Supreme Court were overturned. I don't want a justice who's only correct 40% of the time.

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OBAMA’S COURT NOMINATION VALIDATES AMERICA’S RUSH TO BUY FIREARMS

BELLEVUE, WA – President Barack Obama’s nomination of Judge Sonia Sotomayor to replace retiring Justice David Souter on the U.S. Supreme Court validates the concerns of millions of American citizens who have been rushing to gun shops for the past seven months, fearing their Second Amendment rights are in jeopardy, the Citizens Committee for the Right to Keep and Bear Arms said today.

Judge Sotomayor was part of a Second Circuit Court panel that ruled in January that the Second Amendment does not apply to the states, in Maloney v. Cuomo. That is in direct conflict with a Ninth Circuit opinion earlier this spring in Nordyke v. King that the Second Amendment is incorporated to the states, and therefore does place limits on states’ ability to regulate the individual right to keep and bear arms.

“Starting literally last Nov. 4 and every day since,” noted CCRKBA Chairman Alan Gottlieb, “concerned Americans, many who had never before owned a firearm, have been crowding into gun shops. Their concerns that the Obama administration may somehow try to destroy Second Amendment rights have certainly been affirmed with the nomination of Judge Sotomayor to the Supreme Court.

“Sure, Congress has turned a cold shoulder to renewal of the ban on semiautomatic sporting rifles,” he continued, “and the president did sign the guns-in-parks bill, but only because he had to in order to save his credit card legislation.

“But a Supreme Court justice is a president’s legacy,” Gottlieb observed. “Judge Sotomayor would become a justice for life, and her anti-Second Amendment position would continue affecting her decisions long after Obama is gone from the White House.

“A Supreme Court nominee’s philosophy generally reflects the philosophy of the president that nominates them,” Gottlieb concluded. “Judge Sotomayor’s position on the Second Amendment is a clear signal that Mr. Obama’s claim that he supports gun rights is nothing but lip service from a man who consistently argued and voted against those rights in the Illinois Senate and the U.S. Senate. American gun owners have every reason to oppose this nomination, and let their senators know why.”

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