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Wednesday, May 27, 2009
Ken Blackwell :: Townhall.com Columnist
On Sotomayor, Obama Can’t Hide Behind the Bushes
by Ken Blackwell
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In an attempt to hide Judge Sonia Sotomayor’s radicalism, President Obama characterized her as a judicial moderate first appointed to the federal bench by a Republican president.

However, the president’s nomination of Judge Sotomayor is nothing short of a declaration of war against America’s gun owners. If gun owners mobilize and unite, it’s possible to stop this radical nominee.

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. Yesterday, 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 president 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.

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About The Author
Mr. Blackwell, a contributing editor at Townhall.com, is a senior fellow at the Family Research Council and American Civil Rights Union.
 
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Ummm ... so she agrees with Scalia?
The Supreme Court in DC v Heller, in the opinion written by Justice Scalia, said:

With respect to Cruikshank’s continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the First Amendment did not apply against the States and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252, 265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.

So there we go … Judge Sotomayor simply stated what was specifically reaffirmed by Scalia, Roberts, Kennedy, Thomas and Alito in the Heller case.

Oops, apologies to Max
On further reading of the article, it actually turns out to be a double-entendre (or triple-entendre if you prefer) meaning either of the two erstwhile POTUS's or the figurative reference.

For Max @ 14:15
The reference of "hid behind bushes" was not a reference to either Jorge Herbert Walker or Jorge Walker Jr., but a figurative one to plants of not-quite tree-height along a roadside.

So obvious!
It is so darn obvious why Obama chose this person. Why are so many Americans so dumb to not have seen right thru this as soon as it was announced? And, the mention of Bush is so misleading. I'm so sick of all the tricks and lies from this administration!

Don't just give up; fight!
Although full Senate approval of Sonia Sotomayor's nomination to the SCOTUS seems virtually assured, before her nomination can get out of the Senate Judiciary Committee and to the floor of the Senate, her nomination must be approved by at least one member of the minority party on the Judiciary Committee. That means there is still hope, however slim, of blocking the seating of this apparently racist, sexist, judicial activist. The Republican members of the Judiciary Committee are: Jeff Sessions of Alabama, Orrin G. Hatch of Utah, Charles E. Grassley of Iowa, Jon Kyl of Arizona, Lindsey Graham of South Carolina, John Cornyn of Texas, and Tom Coburn of Oklahoma. Email or write to all of them and urge them not to just roll over on this nomination. Sotomayor deserves at least the same level of scrutiny that Robert Bork and Clarence Thomas, among others, received, especially from Joe Biden, when he was on the Committee.

Newsflash for Blackwell
The Mombasa-born Luo commie is no more hiding behind bushes on Sotomayor than Myron Baloney was about his railroading of Gouge-and-Scr@w-Tax onto Canucks!

Thanks Ken!
I hope this racist, unAmerican, leftist judge can be defeated. Even though my Senators are Dems, I have contacted them to vote NO to this abomination of a nomination (or is that an Obamination of a nomination?).

BTW Ken, I hope you have changed your mind about Michael Steele as RNC head, he is a disaster! You should have fought for the job!

OBAMA CAN'T HIDE
WAKE UP!! DIG DEEPER, OBAMA IS SPEAKING IN CODE. (CPUSA). AS LONG AS YOU ALLOW HIS RIDICULE AND MOCKING TO SCARE YOU AWAY YOU ARE PLAYING INTO HIS HAND. THIS IS THE PLAY BOOK HE WAS TRAINED BY. WAKEUP OR SUFFER THE CONSEQUENCES. HE(OBAMA) KNOWS EXACTLY WHAT HE IS DOING.

she WILL be confirmed


Identity politics is the mother's milk of the left, and THEY are in control now, so Soto is a metaphysical certainty to be confirmed... and the left is having a sexual experience. Since she replaces a liberal, it is not yet really impactful in net effect.

Since she is a PC pick, it will be awkward to challenge her... the left had savaged Robert Bork--perhaps the most highly qualified EVER-- but the game is different on the other side. It was patently absurd and rank liberal grandstanding that they also put Judge Alito through hell, vacuously suggesting that he was a racist-- driving his wife to tears.

http://www.cnsnews.com/public/content/article.aspx?RsrcID=4 7838

The ObaMessiah/the Chosen One prefers "feelings" and interpreting the law as it OUGHT to be according to a liberal agenda (in other words, make it up as you please) rather than a real commitment to following the Constitution and precedent, what they call in the law, "Stare Decisis"--

http://www.lectlaw.com/def2/s065.htm

It was inevitable that the ObaMessiah would force leftist judges on America... we must hope that the public will sober up in 4 years and make a change before any more damage can be done.

What many do not realize is that ALL federal bench appointments matter, because, as Soto got caught saying- they make policy at the Court Of Appeals level.

this is indeed noteworthy
Does the 2nd apply to the states?

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Some of the B of R specifically limit the federal government, such as the first. The second speaks of the right of the people. As stated above this then is the supreme law of the land. How is it possible to consider someone as capable of deciding cases at the highest level in the land, when that person struggles with such a simple understanding of law such as the 2nd?
It's also noteworthy that she has been overturned 5 out 6 times by the supreme court, and is on her way to 6 of 7 with the New Haven case.

B of R
Nothing was "incorporated" in the 14th. The plain language doesn't say so, and other than a few odd comments from the 39th, it was never part of the discussion when framing the 14th. Also, someone tell me how the 14th holds if the Constitution guarantees every state a republican form of government, yet certain states were forced to ratify, essentially at gunpoint.
In law one must first look to the plain language, if that is unclear, then to the words of those creating the law/amendment. This whole incorporation thing is a big fraud, and turns the purpose of the B of R on it's head. It is used to allow people of different states to dictate to other states. The federal government was created to benefit the various societies of people that composed the states, not take away their ability to determine their own workings.

Sotomayor
The fact she's Hussein's nominee is enough for me to be against her. The fact she was appointed by 41 on Moynihan's recommendation is enough for me to be against her. The fact 41 got snookered on the Souter appointment is another reason I'm against her. No more feeling lefties, we need more Scalias, Thomas's and Roberts on the court.

Well I Do...
And I would bet you that not one of the Senators you mentioned in this article will vote against President Obama's nominee. If I am wrong, I will eat the next article you write after she is confirmed by all but two Republican Senators who hope by the time they come up for reelection the Hispanic voters want remember how they voted.

I hadn't heard about this.
Thanks, Ken. This is probably out best "ammo" to use against Ms. Sotomayor.

Look
All these kooks ever do is try to remove rights.
US citizens are not default criminals.
It sure seems like our government is default criminal anymore, is anyone prepared to deny that ? I seriously doubt it.
I don't quite understand who these people think they are.
Who cares what they think, say or do.


Wow
I guess she likes the idea of dying.

Good point Ken ...
Filibusters aside, perhaps if the NRA would put up TV ads in Alaska, Montana, Nebraska, North Dakota, and South Dakota ... Barack's Supreme nominee could be defeated. And maybe this is the way to beat the Libs on other issues, too.

Hmmm.
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