Monday, July 13, 2009

Sotomayor Hearings Day One: Whitehouse on "Discovering Gun Rights"

"For all the talk of modesty and restraint, the right-wing justices of the Court has a striking record of ignoring precedent, overturning congressional statutes, limiting constitutional protections, and discovering new constitutional rights; the infamous Ledbetter decision, for instance; the Louisville and Seattle integration cases,, the first limitation on Roe versus Wade that outright disregards the woman's health and safety; the D.C.-Heller decision discovering a constitutional right to own guns that the Court had not previously noticed in 220 years. Some balls and strikes."

I have but one objection to Senator Whitehouse's statement - the so-described "discovery" of the right to own guns.

The second Amendment's wording is no doubt vague but it is explicitly cited in the Constitution - something that cannot be said about "Roe versus Wade." If we are going to read the 14th Amendment's "Due Process" liberty clause broadly (and I believe we should), then we should read the Second Amendment broadly. Consistency on this would be deeply appreciated.

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