Sotomayor: Obama's End Run on the Second Amendment
Ken Blackwell was among the first to sound the alarm on Sotomayor's radical view of the Second Amendment and the threat her views pose to the Constitution.
The recent landmark case District of Columbia v. Heller put an end to decades of arguments regarding the meaning of the Second Amendment. In a 5-4 decision, SCOTUS rejected the collectivist interpretation favored by gun control advocates such as President Obama, noting that the Second Amendment's protection of the right of citizens to own firearms for private use is an individual right that predates the Constitution, with its authority tied directly to the natural right of self-defense.
Just six months after Heller, however, Sotomayor issued an opinion in Maloney v. Cuomo that the protections of the Second Amendment do not apply to the states, and that if your city or state wants to ban all guns, then they have the right to disarm you. Such an opinion seems to fly directly in the face of Heller, exposing Sotomayor as an anti-gun radical who will affirm full-on gun prohibitions and believes that you have no right to own a firearm, even for the most basic right of defending your family in your own home.
Maloney has now been appealed to the Supreme Court, which will hear the case on June 26. If confirmed, Sotomayor would almost certainly have to recuse herself from Maloney, but her views that made her such an attractive candidate to an anti-gun president would be involved in deciding similar cases appealed to the court.
While at the Joyce Foundation, Obama failed in the organization's plot to corrupt Second Amendment legal scholarship and undermine the decision-making processes of the Supreme Court. Now president, only a concerted effort by America's gun owners may keep an anti-gun activist judge from claiming a seat on the Court itself.
After Heller, the ever-changing candidate Obama affirmed the individualist view supported by a growing majority of Americans and sought to reassure America's gun owners that he was not about to disarm them. By nominating an activist judge who holds a radically different view, Obama's affirmation has proven to be yet another promise with a short shelf life.
Media pundits and Beltway insiders alike are predicting Sotomayor will be confirmed by the Senate and take her seat on the Supreme Court.
American gun owners who elected pro-gun Democrats and Republicans to the Senate may decide to make an issue of Sotomayor's radical prohibitionist views. If they do, that tide could just as soon turn quickly against her, ending her hopes of ruling against the rights of Americans to defend their families from the nation's highest court.