Obama Selects His Own Anti Gun Avitar for Supreme Court

Barack Obama's selection of Sonia Sotomayor for Supreme Court Justice will likely bring rough times for gun owners. She has proven herself to be anti Second Amendment, and joined her New York Appeals Court in January in ruling that the Second Amendment is not applicable to the States to protect citizens from infringements by local and state governments.

She is a poster child for a proverbial loose cannon who will disregard and ignore the law to advance her own personal opinions, agenda, and preferences in cases before the court as she has done in the past. Just ask the white Connecticut firemen whom she ripped apart in their discrimination case.

The Senate Republican leadership has announced that there will be no filibuster in her appointment future. She will be confirmed. But, its never too late to contact your Senator to say no to her.

Here's what Sotomayor said in her anti Second Amendment ruling in Malone v Cuomo.

"The Second Amendment provides: “A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
U.S. Const. amend. II. The Supreme Court recently held that this confers an individual right on citizens to keep and bear arms. See District of Columbia v. Heller, 128 S. Ct. 2783, 2799 (2008).

It is settled law, however, that the Second Amendment applies only to limitations the federal government seeks to impose on this right. See, e.g., Presser v. Illinois, 116 U.S. 252, 265 (1886)(stating that the Second Amendment “is a limitation only upon the power of congress and the national government, and not upon that of the state”); Bach v. Pataki, 408 F.3d 75, 84, 86 (2d Cir. 2005) (holding “that the Second Amendment’s ‘right to keep and bear arms’ imposes a limitation on only federal, not state, legislative efforts” and noting that this outcome was compelled by Presser), cert. denied, 546 U.S. 1174 (2006).

Heller, a case involving a challenge to the District of Columbia’s general prohibition on handguns, does not invalidate this longstanding principle. See Heller, 128 S. Ct. at 2813 n.23 (noting that the case did not present
the question of whether the Second Amendment applies to the states). 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.’” Bach, 408 F.3d at 86 (quoting Rodriguez de Quijas v.
Shearson/Am. Express, Inc., 490 U.S. 477, 484 (1989)) (alteration marks omitted); see also State Oil Co. v. Khan, 522 U.S. 3, 20 (1997).

Thus, N.Y. Penal Law §§ 265.00 through 265.02 do not
violate the Second Amendment."

Gun Rights Records Of Obama's Supreme Court Nominee Frontrunners Are Dismal

Barack Obama will be making his Supreme Court replacement nomination soon. Although six people have been named as possible replacements, Obama could nominate another. There are no specific Constitutional qualifications for the job. SCOTUS Justices don't even have to be lawyers.

Here are some positions on gun rights taken by these six possible front runners.

Former Arizona Governor Janet Napolitano is now our Homeland Security chief. She has an anti gun record. She vetoed an Arizona bill that would have allowed a defensive display of firearms by Arizonans when confronted by a criminal. She also vetoed a bill that would ave made concealed weapons permits valid for the holder's life. She is also responsible for the slanderous Homeland Security report about the "terrorist" right wing.

2nd Circuit Appeals Court Judge Sonia Sotomayor has said that it is the job of the Court to "make law." This has the effect of acting as a super legislature, rather than just interpreting the law. She was one of two judges on her Court who ruled that the Second Amendment does not apply to the states. She has a similar personal background as Barack Obama.

California Supreme Court Justice Carlos Moreno has an anti gun record in California. He joined with the majority of his Court in ruling that California Counties have the right to ban gun shows on their property.

Solicitor General Elena Kagan. The Solicitor General's office supervises and conducts government litigation in the United States Supreme Court. Her view of the Heller case is that there was no reason for the Court to rule any other way than it did against restrictive D.C. Gun laws. She believes that the Solicitor General's office will continue to defend against constitutional challenges to various federal firearms regulations.

Michigan Governor Jennifer Granholm was a vocal opponent of proposed concealed carry laws in 2002. She was among those predicting shootouts at every traffic accident. She recently said that her anti concealed carry posture was proved wrong by law abiding Michigan concealed permit holders. Some consider her a "moderate" Democrat. She may not be liberal enough for Obama for her to get this job.

Obama's statements have made it clear that he is looking for an "activist" to join the Court. He certainly isn't looking for an originalist interpretation of the law.
By replacing a liberal with a liberal, at least the appointment of an Obama radical won't tip the balance of the Court. Based on Obama's criteria for activism, Sonia Sotomayor may be perfect for Obama.