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by Skiprr
Thu May 28, 2009 8:07 pm
Forum: General Texas CHL Discussion
Topic: Sotomayor and 2A Rights
Replies: 53
Views: 6522

Re: Sotomayor and 2A Rights

The Annoyed Man wrote:Sotomayor is obviously an imbecile and her opinions...(which are over-ruled by higher courts at a rate of 60%, BTW).
The only comment I have to an otherwise rally-cry post is that Sotomayor has had seven rulings heard by SCOTUS; one ruling is pending. Of the six completed and published, five were overturned. In the single ruling upheld, the Justices were unanimous in their opinions that, while the ruling was correct, Sotomayor's reasoning for the conclusion was faulty. So by my count, she's only batting 16.7% in front of SCOTUS. And, personally, I fully expect the pending ruling to be overturned.
by Skiprr
Thu May 28, 2009 2:59 pm
Forum: General Texas CHL Discussion
Topic: Sotomayor and 2A Rights
Replies: 53
Views: 6522

Re: Sotomayor and 2A Rights

A short piece by Damon Root for Reason: http://reason.com/news/show/133722.html. In part:
Equally troubling is Sotomayor's record on the Second Amendment. This past January, the Second Circuit issued its opinion in Maloney v. Cuomo, which Sotomayor joined, ruling that the Second Amendment does not apply against state and local governments. At issue was a New York ban on various weapons, including nunchucks. After last year's District of Columbia v. Heller, which struck down DC's handgun ban, attention turned to whether state and local gun control laws might violate the Second Amendment as well.

"It is settled law," Sotomayor and the Second Circuit held, "that the Second Amendment applies only to limitations the federal government seeks to impose on this right." But contrast that with the Ninth Circuit's decision last month in Nordyke v. King, which reached a very different conclusion, one that matches the Second Amendment's text, original meaning, and history.

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