Wednesday, July 8, 2009

Will the NRA sink Judge Sotomayor's Confirmation to the Supreme Court?

Maybe. The issue is that the Second Circuit Court ruled in the Maloney v. Cuomo case, that the Second Amendment does not apply to state and local governments, Judge Sotomayor, President Obama's pick to replace Justice Souter on the Supreme Court, joined the court's opinion. The result of this case implies that individual states may have the right to ban guns.

This means that if confirmed, Sotomayor would sit on the Supreme Court, in judgment of any gun rights cases that came along. It seems strange to me that the framers of the Constitution would have written the Second Amendment to protect the rights of individuals to keep and bear arms at the Federal level, but that they would have not intended that the same right would be extended to the individual states.

Stay tuned, this is going to get interesting...

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