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Settled Matter

Kagan says gun cases are settled law.

That sounds familiar. And we know the Wise Latina came down against civil rights.

ETA: Remember AHSA’s endorsement?

7 Responses to “Settled Matter”

  1. JKB Says:

    Well, the last paragraph of that link where she has her caveats and addendum give her some wiggle room. Especially juxtaposed with the McDonald dissent’s argument that some rights you can’t have because someone might get hurt.

    In his dissent in McDonald, signed by three liberal justices, Justice Breyer argues that gun rights deserve little or no judicial protection at least in part because they put lives at risk:

    Unlike other forms of substantive liberty, the carrying of arms for that purpose [self-defense] often puts others’ lives at risk…. And the use of arms for private self-defense does not warrant federal constitutional protection from state regulation.

  2. anon Says:

    “Kagan says gun cases are settled law.”

    Heller is ‘settled law’ and 4 justices just ignored it.

    From todays WaPo:
    “…Kagan told the panel that she would bring a “modest” approach to the Supreme Court and show great deference to the other, elected branches of government…”

    So basically, Kagan is intent on letting the Legislature run rough-shod over the Constitution. This woman has no place on the SCOTUS.

  3. ericire12 Says:

    GOD FORBID one of the conservative justices gets into a car accident or has a heart attack on Obama’s watch. Do you really think that these clowns will let this decision be binding precident? If the court ever flips 5-4 the other way, you can kiss legal gun ownership goodbye. The fact that you already know how each justice will vote on every single case before the court hears it just makes me want to puke. We have won a battle that is significant in the short term, but if the perfect storm comes along then it can all be gone in an instant.

  4. Ron W Says:

    “And she (Kagan) said judges must respect a precedent UNLESS it proves unworkable or new facts emerge that would change the circumstances of a case.”

    I’m sure the President and many others consider it “unworkable” for citizens to keep and bear arms and “new facts” like some mass murder in another imposed gun-free zone, perhaps involving a VIP does “emerge”.

    In other words, the wording of the Bill of Rights is not binding and she doesn’t consider ourt rights as “unaliemable”.

  5. Yu-Ain Gonnano Says:

    Heller is ’settled law’ and 4 justices just ignored it.

    Technically, only one (Stevens) ignored it. The other three plead that it shouldn’t be incorporated because SCOTUS judges are too stupid to recognize history when it slaps them in the face.

  6. Henry Says:

    ericire12: …,but if the perfect storm comes along then it can all be gone in an instant.

    Maybe. But what do you think will happen next?

  7. Brad Says:

    By going along with the anti-gun dissent in McDonald v Chicago, Sotomayor has proven she lied to the U.S. Senate during her confirmation hearings. Don’t let Kagan get away with the Sotomayor stealth gambit. Obama intends to pack the court with anti-gun justices, and the 2nd Amendment hangs by a thread!

    The Democrats may have the votes to put Kagan through, but don’t let them get away with that unscathed. If the Democrats intend to go along with the Obama scheme, then let them do so openly and pay the price in November.

    No more Stealth Justices!

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