The Usurper Obama Nominates His First Anti-Second Amendment Justice
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Thread: The Usurper Obama Nominates His First Anti-Second Amendment Justice

  1. #1

    The Usurper Obama Nominates His First Anti-Second Amendment Justice

    Second Amendment:
    Sotomayor was also a member of the panel that issued a per curiam opinion in another controversial case that may be headed for the Court next year. In Maloney v. Cuomo, 554 F.3d 56 (2009), the panel considered (as relevant here) a claim by a New York attorney that a state law prohibiting possession of a chuka stick (also known as nunchaku, a device used in martial arts consisting of two sticks joined by a rope or chain) violated his Second Amendment right to bear arms. The district court rejected the claim on the ground that the Second Amendment does not apply to the states. On appeal, the panel affirmed. Relying on the Supreme Court’s 1886 decision in Presser v. Illinois, it explained that it was “settled law . . . that the Second Amendment applies only to limitations the federal government seeks to impose” on the individual’s right to bear arms. The Supreme Court’s recent decision in District of Columbia v. Heller, the court continued, “does not invalidate this longstanding principle.” And while acknowledging the possibility that “Heller might be read to question the continuing validity of this principle,” the panel deemed itself bound to follow Presser because it “directly controls, leaving to the Supreme Court the prerogative of overruling its own decisions.” Maloney’s lawyers intend to file a petition for certiorari in late June.

    Opinion of the court, including Judge Sotomayor
    in Maloney v. Cuomo (2009)

    The Second Amendment applies only to limitations the federal government seeks to impose on this right.

    Judge Sotomayor rejected a claim that a New York ban on a martial arts weapon (a nunchuka) violated a man's Second Amendment rights, explaining the Second Amendment only applies to the federal government.

    Just what part of "SHALL NOT BE INFRINGED" does she not understand?

    Write your Senators asking them to oppose the confirmation of Judge Sotomayor to the SCOTUS!


    NRA-ILA :: Action Center

    U.S. Senate: Senators Home

    The Second Amendment does not state “SHALL NOT BE INFRINGED” Except… if your zip code is X, your standing at Y, or the type or class of weapon/arm you have or desire to have is Z…

    "Congress has no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... the unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people." - Tench Coxe 1789

  2.   
  3. #2
    We new it was comming. And tomorrow when you get up it will be worse.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  4. #3
    Join Date
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    Location
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    Posts
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    Exclamation Get a load of this crap!

    Breaking News | Latest News | Current News - FOXNews.com

    She even admits she should never say what she did on tape....So much for the rule of law!
    FESTUS
    IN OMNIA PARATUS

  5. #4
    This from the Second Amendment Foundation:

    NEWS RELEASE
    Sotomayor Nomination an Obama Slap at Second Amendment
    BELLEVUE, WA – The nomination of Second Circuit Court Judge Sonia Sotomayor to replace retiring Justice David Souter on the U.S. Supreme Court is a slap at gun rights and the Second Amendment, the Second Amendment Foundation said today.

    Judge Sotomayor, a New York native, ruled on a Second Circuit Appeals Court panel that the Second Amendment is not a fundamental right and does not apply to the states in the case of Maloney v. Cuomo. This ruling is in direct conflict with a Ninth Circuit Court ruling in the Nordyke v. King case in California that the Second Amendment is incorporated through the due process clause of the Fourteenth Amendment.

    “While Democrats in Congress have been making great strides in the gun rights arena, refusing to consider a renewal of the Clinton gun ban, and offering overwhelming bipartisan support for legislation allowing citizens to carry firearms in national parks, President Obama just demonstrated that he prefers judges who oppose Second Amendment rights,” said SAF founder Alan M. Gottlieb.

    Incorporation may be taken up by the high court during its next session beginning in October, because attorneys in the Maloney case plan to appeal in late June.

    “If the Maloney appeal is accepted by the Supreme Court,” Gottlieb wondered, “would Justice Sotomayor – provided she is confirmed – recuse herself from deliberations?”

    Judge Sotomayor has written an opinion that declined to order the release of certain information under the Freedom of Information Act. In one case, according to SCOTUSblog, she wrote that the “unwarranted invasion of privacy” for individuals whose names would be release under an FOIA request outweighed the public interest.

    “Would a Justice Sotomayor be just as protective of the privacy rights of concealed carry permit holders if a newspaper wanted to publish that information,” Gottlieb asked. “We hope that during Senate confirmation hearings, someone asks about her positions on incorporation and the privacy rights of gun owners. The Second Amendment needs to be expanded, not eviscerated.”

  6. #5
    and we still have so much to look forward to from anti american obama.
    You can have my freedom as soon as I'm done with it!!!

  7. #6
    As they say, whoever they are, you ain't seen nothin' yet.
    "There's no such thing as a good gun. There's no such thing as a bad gun. A gun in the hands of a bad man is a very dangerous thing. A gun in the hands of a good person is no danger to anyone except the bad guys."

  8. #7
    Not surprised, just had hoped he would pick less of an activist judge. Thank God Roberts is the Chief Justice.

  9. #8
    Join Date
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    The Republicans do not have the votes or the backbone to stop her. I have had all the hope and change I can stand.
    "You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan

  10. #9
    Quote Originally Posted by Bohemian View Post
    Second Amendment:
    Sotomayor was also a member of the panel that issued a per curiam opinion in another controversial case that may be headed for the Court next year. In Maloney v. Cuomo, 554 F.3d 56 (2009), the panel considered (as relevant here) a claim by a New York attorney that a state law prohibiting possession of a chuka stick (also known as nunchaku, a device used in martial arts consisting of two sticks joined by a rope or chain) violated his Second Amendment right to bear arms. The district court rejected the claim on the ground that the Second Amendment does not apply to the states. On appeal, the panel affirmed. Relying on the Supreme Court’s 1886 decision in Presser v. Illinois, it explained that it was “settled law . . . that the Second Amendment applies only to limitations the federal government seeks to impose” on the individual’s right to bear arms. The Supreme Court’s recent decision in District of Columbia v. Heller, the court continued, “does not invalidate this longstanding principle.” And while acknowledging the possibility that “Heller might be read to question the continuing validity of this principle,” the panel deemed itself bound to follow Presser because it “directly controls, leaving to the Supreme Court the prerogative of overruling its own decisions.” Maloney’s lawyers intend to file a petition for certiorari in late June.

    Opinion of the court, including Judge Sotomayor
    in Maloney v. Cuomo (2009)

    The Second Amendment applies only to limitations the federal government seeks to impose on this right.

    Judge Sotomayor rejected a claim that a New York ban on a martial arts weapon (a nunchuka) violated a man's Second Amendment rights, explaining the Second Amendment only applies to the federal government.

    Just what part of "SHALL NOT BE INFRINGED" does she not understand?

    Write your Senators asking them to oppose the confirmation of Judge Sotomayor to the SCOTUS!


    NRA-ILA :: Action Center

    U.S. Senate: Senators Home

    The Second Amendment does not state “SHALL NOT BE INFRINGED” Except… if your zip code is X, your standing at Y, or the type or class of weapon/arm you have or desire to have is Z…

    "Congress has no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American ... the unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people." - Tench Coxe 1789
    In addition, to contacting our Senators regardless of the party they are in, via the aforementioned links; we need to be contacting the Chairman of the RNC Michael Steele, and asking him to implore the remaining GOP Senators to stand together in opposing the confirmation of Judge Sotomayor and any other nominee that does not have a established record of supporting the Constitution as it was written and intended by our founding fathers...

    IF all the Senators that voted for the National Park Firearm Ban repeal, voted against the nomination, that would certainly send a very clear message...

    Contact RNC Chairman Michael Steele:
    Republican ? National ? Committee

    I also take it as a personal challenge, since Gun Ban New York Senator Chucky Schumer stated to the media that if the GOP or anybody else opposes Judge Sotomayor's confirmation that they do so at their own peril...

    HEY NEW YORKERS! THE CONSTITUTION APPLIES TO YOU TOO! STOP LETTING GUN BAN CHUCKY SCHUMER AND CAROLYN MCCARTHY SPEAK FOR YOU!

    CALL THEM, EMAIL THEM, SNAIL MAIL THEM, FAX THEM!

    DON'T GIVE THEM A MOMENTS PEACE WHEN IT COMES TO YOUR CONSTITUTIONAL RIGHTS!

    AND IF THEY KEEP UP THE SAME CRAP, MAKE SURE YOU AND EVERY BODY YOU KNOW IN YOUR NECK OF THE WOODS VOTES THE BUMS OUT!

    ITS LONG OVER DUE THAT KARMA FOUND THESE TWO...

    VOTE FREEDOM FIRST!

  11. #10
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    Free NRA Membership

    I just received this from a friend in Texas that asked I pass it on, and it looks like we need all the help we can get.

    In case you were not aware...

    The NRA is giving FREE 1-yr memberships to everyone
    who wants to join.
    They are trying to build up their membership to fight pending
    legislation that impacts our right to keep and bear arms.

    It is very important that anti-gun congressmen see how many
    people they will have to fight to get their legislation through.

    https://www.nrahq.org/nrabonus/accept-membership.asp

    PLEASE PASS THIS ON TO EVERYONE YOU KNOW!!!
    This can include spouses and children also.

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