July 13, 2009

Judiciary

A Question that Senator Whitehouse Might Ask of Judge Sotomayor

Carroll Andrew Morse

The United States Supreme Court has held, in various rulings, that the Fourteenth Amendment extends the Federal Constitution to state governments, prohibiting states from violating the limitations on government action expressed in the Bill of Rights.

In June of 2008, in the case of District of Columbia v. Heller, the Supreme Court ruled that the Second Amendment protects an individual right to keep and bear arms from infringement by the Federal Government.

In January of 2009, Judge Sotomayor joined a Second Circuit opinion stating that it is "settled law" that Second Amendment protections are not incorporated into the Fourteenth Amendment…

It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose on this right.
…but that, in light of the Heller decision, the Supreme Court might change the controlling precedent on this question…
And to the extent that Heller might be read to question the continuing validity of this principle, we “must follow Presser” because “[w]here, as here, a Supreme Court precedent ‘has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to the Supreme Court the prerogative of overruling its own decisions.’”
Given that Judge Sotomayor is being considered for a position on the Court which she has cited as the proper authority for modifying precedent on this issue, the public has a compelling interest in knowing...
  1. If Judge Sotomayor believes that the Second Amendment is incorporated by the Fourteenth Amendment and therefore cannot be infringed upon by the states, or if she believes that the Second Amendment is fundamentally different from most other Constitutional protections afforded to individual Americans in the Bill of Rights and is not incorporated...
  2. And, given her particular usage of the term "settled law", if there are other areas where Judge Sotomayor believes that the Supreme Court might readily change what "settled law" currently says.

10:45 AM | TrackBack (0)
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The 2nd amendment is considered less of a right by gun haters,plain and simple.When they have the power,they try to impress this upon us regardless of the Constitution.Just ask scumbag Stevie Brown about 2nd amendment rights sometime.
I just had a near death experience and got out of the VA Hospital this morning,in reasonably good shape all things considered.It made me think that since we're always on the edge anyway,we never should give in peacefully to a dictatorial regime that would try to rob our most basic rights.I am sick and tired of the non stop assault on the right to self defense by the elite and protected ones and the social engineers.

Posted by: joe bernstein at July 13, 2009 4:26 PM

"I am sick and tired of the non stop assault on the right to self defense by the elite and protected ones and the social engineers."

It seems very much a case of "Ok for me, but not you". Polosi's bodyguards are armed. Oprah's heavies pack a heater. Then there was that famous Washington columnist (not so famous that I can recall his name) who railed against gun ownership, but shot the kid in his swimming pool. Even the police shoot the wrong person, 1 time in 10. Why aren't we taking their guns away?

Posted by: Warrington Faust at July 13, 2009 9:44 PM

Glad you made it out, Joe B.

Posted by: Monique at July 13, 2009 9:49 PM

Joe, may you be well armed with get-well wishes.

Posted by: rhody at July 13, 2009 10:44 PM

Thanks Monique and rhody.I think I'm okay now,but they have to follow up.The VA medical staff are aces-whatever one may hear as rumor,the doctors,nurses,etc at Davis Park VA Hospital are the best providers you can meet.
I am adamant on this for among other reasons,that my niece saved herself from a serial rapist/home invader with her father's handgun(she was an adult at the time)-she had an absolute right to do whatever she had to to avoid being raped-he ran right through a closed slider to get away so he wasn't hard for the cops to find.
As I said on RIF,my very liberal Dem father always thought the gun control issue was bogus-he didn't believe restrictions on ordinary people deterred criminals one iota.He always owned a gun too.Of course my dad was a Stevenson Democrat.He died before Clinton ran,but I doubt he'd have liked Pelosi.

Posted by: joe bernstein at July 14, 2009 7:06 AM

@Warrington Faust

Carl Rowan is the particular hypocrite reporter you speak of: http://en.wikipedia.org/wiki/Carl_Rowan

Sickens me...

Posted by: Michael at July 15, 2009 1:47 PM
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