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Upon her announcement, I done told ya' that this would be her REAL problem. It's a dealbreaker....
1 posted on 06/04/2009 10:05:50 AM PDT by anniegetyourgun
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To: anniegetyourgun
Sotomayor is the tip of the iceberg in this issue, and E. Volokh skirts the reality bigtime.

All of the Circuits, and SCOTUS too, are mired in a legal fabrication that none will admit. The legal fabrication (actually, two of them) revolve around past SCOTUS precedent, Presser and Miller. The instant Sotomayor / 2nd circuit "big lie" has to do with Presser.

SCOTUS in Presser v. Illinois: "... the states cannot, even laying the [second amendment] out of view, prohibit the people from keeping and bearing arms ..."

2nd Circuit, in Bach v Pataki: "Presser stands for the proposition that the right of the people to keep and bear arms, whatever else its nature, is a right only against the federal government, not against the states." cert. denied, 546 U.S. 1174 (2006)

I think the nominees should be asked to "brief the case," as a law student would, for Miller and Presser. What were the fact of the case? What was at issue (in Presser, it was whether there is a constitutional right to parade without a permit)? What was the decision below (in Miller, the decision below was that Miller's indictment was quashed and the 1934 NFA was found unconstitutional - but in Heller, Scalia says Miller was convicted, and the Supreme Court upheld the conviction). What was the outcome? What rationale was used to reach that outcome?

If a judge cannot properly "brief" or summarize an easy case - and this activity does not involve a value judgement as to whether the case was rightly decided - then they have no business being on the bench. Not on ANY bench.

2 posted on 06/04/2009 10:16:00 AM PDT by Cboldt
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To: anniegetyourgun

bttt for later reading


3 posted on 06/04/2009 10:19:44 AM PDT by TEXOKIE (Anarchy IS the strategy of the forces of darkness!)
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To: anniegetyourgun

-bflr-


5 posted on 06/04/2009 10:34:20 AM PDT by rellimpank (--don't believe anything the MSM tells you about firearms or explosives--NRA Benefactor)
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To: anniegetyourgun

Be it her or any other selection, this President’s USSC candidate must be thoroughly BORKED!


9 posted on 06/04/2009 1:00:58 PM PDT by JimRed ("Hey, hey, Teddy K., how many girls did you drown today?" TERM LIMITS, NOW AND FOREVER!)
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