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Tuesday, July 14, 2009

Sonia Sotomayor on gun rights...

NRA-ILA: Sonia Sotomayor on gun rights

Also, the good folks at FreeRepublic.com are liveblogging the hearings. FReeper pabianice reports that Sotomayor has reaffirmed her position that the 2nd Amendment doesn't apply to the States.
[Sotomayor] Mentioned "hunting" and "target practice" as legitimate uses for a gun, as long as the state decides you can have one. Not one word on self-defense.
The Ninth Circuit, of all courts, disagrees with Sotomayor. in Nordyke v. King, the 9th concluded that the 2nd Amendment does indeed protect an individual liberty against infringement by the States.
We therefore conclude that the right to keep and bear arms is "deeply rooted in this Nation's history and tradition." Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the "true palladium of liberty." Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
(This represents a split between the 9th Circuit and Sotomayor's 2nd Circuit. Nordyke, if I remember correctly, has been appealed to the Supreme Court. Many analysts believe that the Court will take the case. Thus if Sotomayor is confirmed, she'll be asked to hear an appeal that coud overturn one of her opinions.)