Monday, June 1, 2009

Sotomayor: Gun possession "not a fundamental right"

From last Friday's Patriot Post:
... Sotomayor is also opposed to gun rights, writing in a 2004 criminal case, U.S. v. Sanchez-Villar, "[T]he right to possess a gun is clearly not a fundamental right." She also ruled in Maloney v. Cuomo that the Second Amendment does not apply to the states, and that a city or state has the right to disarm its citizens. The Ninth Circuit ruled recently that the Second Amendment does apply to the states through what is known as "incorporation" via the 14th Amendment. Maloney was appealed to the Supreme Court, which will hold hearings on 26 June. ...

Note that while Judge Sotomayor's ruling in Sanchez-Villar was before last year's Supreme Court ruling in Heller, her view that gun possession isn't a fundamental right says a lot about her view of the Second Amendment.

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