Sotomayor’s Second Amendment Problem
Posted June 3rd, 2009 at 1.51pm in Rule of Law.
Heritage Senate Relations Director Brian Darling notes:

President Obama’s nominee to the U.S. Supreme Court, 2nd Circuit Judge Sonia Sotomayor, owes the American people an explanation on her view of the Second Amendment. Most nominees come before the Senate Judiciary Committee and refuse to answer questions about hot-button issues such as abortion, gay marriage, gun rights and the death penalty. But Sotomayor shouldn’t be allowed to skirt the Second Amendment issue, because she cosigned a decision in a case earlier this year that exhibited a dismissive and hostile view of the right to bear arms. … during the past few months the Senate has voted three times on pro-gun legislation. Each of these legislative amendments passed with overwhelming bipartisan margins. Clearly, the view that the Second Amendment protects an individual’s right to own and carry a weapon is held by more Senators than the view that the Second Amendment is an empty phrase.

But what about that recent Seventh Circuit opinion holding that the Second Amendment is not incorporated against the states? Heritage fellow Robert Alt distinguishes the two cases:

In light of the Seventh Circuit’s opinion in NRA v. City of Chicago, holding that Supreme Court precedent binds the court to hold that the Second Amendment does not apply to the states, it is useful to note a key distinction between that case and Sotomayor’s in Maloney v. Cuomo. Notably, in Maloney, Sotomayor joined an opinion finding that New York’s weapons law did not “interfere[] with a fundamental right.â€