In Maloney, Judge Sotomayor ruled that “[i]t is settled law … the Second Amendment applies only to limitations the federal government seeks to impose on this right.” She based her ruling on a case that dated back to 1886, before the Supreme Court ruled that the Bill of Rights applies to the states. In Judge Sotomayor’s view, every amendment in the Bill of Rights, except the Second Amendment, represents a fundamental right. Why? Because she says so.
Ironically, while Judge Sotomayor believes that gun ownership is not a fundamental right, she believes that the right to have an abortion is fundamental.
No matter your heritage, Americans should be concerned about a judge who believes that the “court of appeals is where policy is made.” The bench is not the place to create, make, or advance personal preferences on public policy and impose them on the American people.
An activist ruling by the Supreme Court comes with dire consequences. In examining Judge Sotomayor’s record, senators must look past her Latina heritage and directly at her judicial philosophy. A Justice of the Supreme Court, regardless of his or her heritage, must be able to uphold Constitutional principles for all people, not just the ones that look like me.
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