A legal shootout over the right to own a gun

This is one more example of why a lifetime appointment to the Supreme Court is such a crucially important matter. I wrote my Florida (and Texas) State Senators on May 29 and encouraged them to REJECT any individual unqualified to serve as a Supreme Court Justice.

However, there is now another reason to contact our REP’s regarding this matter. If Obama and his cronies have their way, the Sotomayor confirmation process is going to be slammed through at lightning speeds. We need to encourage our Senators to force a slowed down process that will allow for a complete and thorough examination of Sotomayor. I believe if that is done, they will have no choice but reject this appointee.

A Legal Shootout over the Right to Own a Gun
Conflicting court opinions gun may result in linking the 2nd Amendment with the 14th.
June 10, 2009

Two federal appeals court opinions -- one signed by Supreme Court nominee Sonia Sotomayor -- have created a quandary for those who cherish the protections of the Bill of Rights and also believe in meaningful gun control. But the way out of the dilemma is not to urge the high court to pick and choose which constitutional rights are protected against state and local laws.

Among the charges leveled by some conservatives against Sotomayor is that she has been insufficiently protective of the 2nd Amendment, which says that "the right of the people to keep and bear arms shall not be infringed." Exhibit A was the judge's role in a decision by the U.S. 2nd Circuit Court of Appeals upholding the constitutionality of a New York state law banning the possession of nunchucks.


We were disappointed last year when the Supreme Court ruled that the right to keep and bear arms was an individual right, giving short shrift to the first part of the amendment, which refers to "a well-regulated militia." But we also believe the court has been right to use the doctrine of incorporation to bind states to the most important protections of the Bill of Rights. If those vital provisions are to be incorporated in the 14th Amendment, so should the right to keep and bear arms.

MORE --> http://www.latimes.com/news/opinion/editorials/la-ed-guns10-2009jun10,0,4246160.story

Included below is the letter I sent my State reps...

I'm writing to express my strong disapproval of the nomination of US Appellate Court Judge Sonia Sotomayor.

I'm very concerned with her belief that "the Court is the best place for making policy". This belief is at odds with our system of government. Policy is made by the Legislative branch. The Judicial branch is to explain the laws of this country under the Constitution. The job of a Supreme Court Justice is to decide if laws are Constitutional (that they DO NOT go against the Constitution). There is NO policy making as a Supreme Court Justice. The fact that Judge Sotomayor believes it is her job to make policy not only disqualifies her for the highest court in the land, it should also disqualify her from being allowed to remain as a US Appellate Court Judge.

In addition, I'm equally concerned that she believes her opinions would be better (or more valid) based on her race and gender. Personal experience, race or gender should not have any bearing on how a Justice deliberates matters. Decisions should be based solely on whether a matter is Constitutional or not. Her attitude is in complete odds with the oath she would take to become a Supreme Court Justice (to solemnly swear to administer justice without respect to persons and to equal right to poor and rich).

Her words leave me discouraged and disappointed in this nomination that would appoint her to the highest court in the land.

I'm asking that you and your colleagues do everything in your power to STOP the affirmation of Judge Sonia Sotomayor. Further, I ask that you and the rest of your colleagues be diligent in stopping any nomination that would allow any person to be confirmed who demonstrates an inability to uphold the oath they would take to become a Supreme Court Justice.

Please make it clear to President Obama that you will not allow anything less than the very best to sit as a Supreme Court Justice. I would be very happy to see a Latino female confirmed—but, that appointee needs to be a person who is committed to upholding the Constitution of the United States of America and a person who will administer justice without respect to persons or in any way influenced by their own personal experiences.


New member
Can I borrow your letter?

Your letter to your state reps is very well written. With your permission, I would like to send it to Utah Senator's Bob Bennet and Orrin Hatch.
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New member
When is the deadline for when this position is filled? Is she the only person that is being considered for supreme court seat?
When is the deadline for when this position is filled? Is she the only person that is being considered for supreme court seat?

On May 1, Justice David H. Souter announced his desire to step down at the end of the Supreme Courts term (which is sometime between the end of the summer and October 1).

However, there is NO deadline for replacing Souter. The Court can do business as usual one shy. Sotomayor is Obama's first nominee to replace Souter. Hopefully, she will be sent packing and another more qualified nominee will be selected by Obama… I doubt it, but one can hope!

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