Washington Post: Thomas Hardiman, possible SC nominee, seen as ‘Second Amendment extremist’

The Washington Post ^ | 07/06/18 | Emma Brown

[Simon Green]

n the wake of mass shootings that have divided the country on the issue of gun control, President Trump is considering nominating to the Supreme Court an appellate judge who has argued that Americans have a constitutional right not only to keep guns at home — as the high court has ruled — but also to carry them in public.

U.S. Appeals Court Judge Thomas M. Hardiman has also written that convicted criminals, including some felons, should be able to recover their right to own and carry guns, as long as their crimes were not violent.

Constitutional-law scholars and advocates on both sides of the gun debate say that Hardiman — who sits on the U.S. Court of Appeals for the Philadelphia-based 3rd Circuit and maintains chambers in Pittsburgh — holds a more expansive view of the Second Amendment than the Supreme Court has articulated to date. His nomination and confirmation would push the court to the right, they say, making it more likely that justices would agree to hear cases challenging gun laws — and perhaps to strike them down.

Adam Winkler, a law professor at the University of California at Los Angeles who has written extensively about gun laws, said that if Hardiman’s views were law, gun restrictions in states such as California, New York and New Jersey would be struck down, potentially leading to a vast expansion in legal gun ownership.

“He believes the government has very little leeway in regulating guns. He thinks the only types of gun-control laws that are constitutionally permissible are ones that existed at the founding,” said Winkler, author of “Gunfight: The Battle Over the Right to Bear Arms in America.” He described Hardiman as a “Second Amendment extremist.”

[Wildbill22]

This SC appointment is vital to the 2A.

It wouldn’t be the first time an Amendment was nullified in essence. How can there be a right to property when that property can be taken away by the government, just by not paying property taxes? Do you really own something if you have to pay ransom in order to keep?

[thoughtomator]

I’m sold. Nominate him and let’s party.

[gogeo]

“He believes the government has very little leeway in regulating guns. He thinks the only types of gun-control laws that are constitutionally permissible are ones that existed at the founding,”

We can't have any of that nonsense!

[PROCON]

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[TADSLOS]

Please, oh please nominate this man.

[jiggyboy]

Also, ENDORSED! comes to mind.

[Kickass Conservative]

Well, if he insisted that every American were FORCED to buy a Firearm, like Obamacare FORCED every American to buy Health Insurance “or else”, that could be considered Extremist.

As for me, “Shall Not Be Infringed” is simple but elegant.
It sure isn’t Extreme.

[publius911]

Adam Winkler, a law professor at the University of California at Los Angeles who has written extensively about gun laws, said that if Hardiman’s views were law, gun restrictions in states such as California, New York and New Jersey would be struck down, potentially leading to a vast expansion in legal gun ownership.

Sure wish I could vote for Hardiman...

[publius911]

The only thing more “extreme” would be wording that would require Congress to require that everyone own and carry arms.

Switzerland does just that (plus requiring annual proficiency testing) and it has the lowest, or among the lowest murder by firearm rate in the entire world.

[Blood of Tyrants]

If you are to the right of Marx, you are an “extremist” according to the left.

[Blood of Tyrants]

It depends. It takes four votes from the SC justices to hear a case. A lot of 2A cases have been turned away because not enough justices voted to hear it.

[wastedyears]

They make it sound like it’s a bad thing.

[DoughtyOne]

Yes, I’d agree with that.

[faucetman]

If only the framers had told us what the REAL meaning of “is”, is!

[faucetman]

Aha! Finally an article about the actual guy Trump will nominate!

[wastedyears]

The Framers could not have imagined in their wildest dreams a jam-packed airport,stadium,or mall.

They believed in Natural Rights, rights endowed to us by our creator.

[FLT-bird]

Hmmm Hardiman sounds like he’d be a great SCOTUS appointment then.

[wastedyears]

I suspect we will have the first mass shooting with an "assault rifle" within 72 hours of the nominee being named.

Make book on it.

Do you mean a fed handing someone a full-auto rifle and telling them to go have fun with it?

[going hot]

He will get the opportunity to pick both of them.

[Gritty]

MK ULTRA.

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