Tuesday, June 29, 2010

Remember when stare decisis was important

Back during the last confirmation proceedings Judge Sotomayor claimed to agree that “The Second Amendment Right Is An Individual Right”.
(Judiciary Committee, U.S. Senate, Confirmation Hearing, 7/14/09)

SEN. PAT LEAHY (D-VT): “Is It Safe To Say That You Accept The Supreme Court’s Decision As Establishing That The Second Amendment Right Is An Individual Right? Is That Correct?”
So how did Justice Sotomayor vote in the McDonald case?
“I Can Find Nothing In The Second Amendment’s Text, History, Or Underlying Rationale That Could Warrant Characterizing It As ‘Fundamental’ Insofar As It Seeks To Protect The Keeping And Bearing Of Arms For Private Self-Defense Purposes.”
She was one of the 4 that voted against the 2nd Amendment!
It appears that she lied to us.
What about Heller? What about Stare Decisis?

Will our elected officials repeat this mistake?
(Judiciary Committee, U.S. Senate, Confirmation Hearing, 6/29/10)

SEN. PAT LEAHY (D-VT): “Is There Any Doubt After The Court’s Decisions In Heller And McDonald That The Second Amendment To The Constitution, Secures A Fundamental Right For An Individual To Own A Firearm, Use It For Self Defense In Their Home?”
ELENA KAGAN: “There Is No Doubt, Senator Leahy, That Is Binding Precedent Entitled To All The Respect Of Binding Precedent In Any Case. So That Is Settled Law.”

But Kagan doesn't care about SCOTUS nomination proceedings:
“Subsequent Hearings Have Presented To The Public A Vapid And Hollow Charade, In Which Repetition Of Platitudes Has Replaced Discussion Of Viewpoints And Personal Anecdotes Have Supplanted Legal Analysis.” - Elena Kagan

Well, America, how is that for a poke in your eye?

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