PrintJune 17, 2009
Sotomayor's 'Fundamental' Flaws
Supporters of Supreme Court nominee Sonia Sotomayor claim that her Second Amendment rulings are examples of "judicial restraint." The problem is that she's restraining the Second Amendment. Judge Sotomayor has ruled twice that the right to keep and bear arms is not a "fundamental right." The second time was after the U.S. Supreme Court said that it is.In 2004, Sotomayor, as a member of a three-judge Second Circuit panel, issued a short summary order in U.S. v. Sanchez-Villar, which rightly affirmed an illegal alien's conviction for possession of cocaine with the intent to distribute and possession of a firearm in violation of a federal statute. The court rejected his Second Amendment claim under a previous Second Circuit ruling, U.S. v. Toner, stating "the right to possess a gun is clearly not a fundamental right." Members of the Senate Judiciary Committee should ask Sotomayor to explain:The reason her panel failed to express any rationale for rejecting...(Read Full Article)
