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Nominee Continues SCOTUS Hearing Tradition She Previously Called A “Hollow Charade”

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.” (Judiciary Committee, U.S. Senate, Confirmation Hearing, 6/29/10)

FLASHBACK: Judge Sotomayor Claimed To Agree That “The Second Amendment Right Is An Individual Right”

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?” JUDGE SOTOMAYOR: “Yes, Sir.” LEAHY: “Thank you. And in the Second Circuit decision, Maloney v. Cuomo, you, in fact, recognized the Supreme Court decided in Heller that the personal right to bear arms is guaranteed by the Second Amendment of the Constitution against federal law restrictions. Is that correct?” SOTOMAYOR: “It is.” LEAHY: “And you accept and applied the Heller decision when you decided Maloney?” SOTOMAYOR: “Completely, sir. I accepted and applied established Supreme Court precedent that the Supreme Court in its own opinion in Heller acknowledged, answered the — a different question.” (Judiciary Committee, U.S. Senate, Confirmation Hearing, 7/14/09)

• LEAHY (D-VT): “I Do Not See How Any Fair Observer Could Regard [Judge Sotomayor’s] Testimony As Hostile To The Second Amendment Personal Right To Bear Arms, A Right She Has Embraced And Recognizes.” “Recognizing that she would be unable to say how she would rule, I asked Judge Sotomayor whether she would approach these matters with an open mind and she assured us that she would. I do not see how any fair observer could regard her testimony as hostile to the Second Amendment personal right to bear arms, a right she has embraced and recognizes.” (Sen. Leahy, Congressional Record, S.8907, 8/6/09)

THEN DISSENT JOINED BY JUSTICE SOTOMAYOR: “I Can Find Nothing In The Second Amendment’s Text … To Protect The Keeping And Bearing Of Arms For Private Self-Defense Purposes”

DISSENT JOINED BY JUSTICE SOTOMAYOR: “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.” (“Otis McDonald, Et Al., Petitioners V. City Of Chicago, Illinois, Et Al.” Justice Breyer Dissent Joined By Justices Ginsburg & Sotomayor, U.S. Supreme Court, P.180-1, 6/28/10)


KAGAN: “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, “Review: Confirmation Messes, Old and New,” The University of Chicago Law Review, Vol.62, No. 2 (Spring, 1995), P.941)


About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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