Posted on 07/25/2018 1:55:29 PM PDT by LibWhacker
A recent article the Washington Free Beacon is headlined, “Senate Confirms Trump Nominee with Questionable Gun Record Despite Majority of Republicans Voting No.” So, what about Mark Bennett’s record is “questionable,” and why did so many Republicans vote against his confirmation to the Ninth Circuit Court of Appeals?
Questions about Bennett’s record were first raised during hearings in the Judiciary Committee. Sen. Ted Cruz (R., Texas) described the record of the former Republican attorney general of Hawaii as ‘troubling.’
‘He was an aggressive advocate, as attorney general [of Hawaii], for gay marriage. He was an aggressive advocate demonstrating hostility to the First Amendment and political speech,’ Cruz said in a committee meeting on Thursday. ‘Most significantly, he has been an aggressive advocate for undermining the Second Amendment.’
Remember the Heller case, when the Supreme Court affirmed the “individual right” aspect of the Second Amendment? Well, Mark Bennett opposed it.
Cruz said he was particularly concerned by Bennett’s involvement with an amicus brief in the Heller case arguing that the Second Amendment was only intended to protect state militias from federal interference and should not apply to state laws.
Bennett claimed that he will abide by all Supreme Court decisions.
During his hearing, Bennett told the committee that he would abide by all Supreme Court precedents.
‘If I am fortunate enough to be confirmed on the Ninth Circuit Court of Appeals, the decision of the Supreme Court in Citizens United and all other cases dealing with the First Amendment, an obviously important right in our Constitution, would be binding precedent that I absolutely commit to follow,’ Bennett said. ‘The Supreme Court’s decisions in Heller and McDonald are absolutely binding on the circuit courts of appeal and, if I were fortunate enough to be confirmed, I would absolutely apply and uphold them as with all other precedent of the Supreme Court.’
Most Republicans didn’t buy it, but many did — and every Democrat voted to confirm this Trump appointment.
In a vote of 72 to 27, the Senate confirmed Bennett. Twenty-three Republicans voted for Bennett while 27 voted against him. All 49 Democrats in the Senate voted for Bennett’s nomination.
I feel I must change my earlier question to “why did so many Republicans vote for his confirmation?” He’s certainly no representative of conservative values.
As for his involvement in the Heller case, some folks say he was only doing his job.
Some of the Republicans who voted for Bennett said they believed he was a qualified nominee and didn’t judge him by actions he took on behalf of the state of Hawaii.
‘Bennett was acting as a lawyer representing his client,’ Conn Carroll, a spokesman for Republican senator Mike Lee of Utah, told the Free Beacon after Bennett’s nomination passed through committee. ‘We always say you can’t necessarily draw conclusions about a lawyer’s views from his or her advocacy, and we mean it.’
GOA is certainly not convinced, having posted this about him on July 3, 2018:
Bennett opposed the Heller Court’s finding that the Second Amendment is an individual right. He also opposed GOA’s right to participate in the political process, which was recognized in the Citizens United case.
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Donald Trump and the senate GOP owe us an obligation to ensure that their judicial picks unreservedly support the right to keep and bear arms.
Mark Bennett is NOT such a pick.
I guess we will just have to wait and see what comes of this questionable appointment. Color me skeptical.
Why are we reliving one of Trump’s mistakes?
Sticky situation.
Trump needs to NOT GIVE AN INCH on his judicial nominees. This particular judge is more than an inch. I’m sure a better nominee could be found In Hawaii. Let’s hope Trump doesn’t do this again.
Why the jell did we approve this guy. This is not what we want!!
Conservative Republicans are not exactly thick on the ground in Hawai'i. A RINO is probably the best you can find.
Nice shirt. Where’d he study law; picking up seashells on the beach?
When ALL Democrats vote for and 27 Republicans vote against, I have to wonder where Trump gets some of his advice. This will not improve the Ninth Circus’ track record at all. What was Trump thinking?
My question is why, to begin with, did Trump nominate this guy??
FAIL!
I’d vote against his nomination solely because of the shirt he’s wearing in that picture.
Frankly Trump is scared of guns, it shows
Remember when IKE admitted making mistakes? He said his mistakes were “both on the Supreme
Court.”
Dreadful pick period
Bennett was a horrible pick for Ninth Circuit.
Kathleen M. O’Sullivan is an even worse pick. She’s being nominated to be a U.S. District Court Judge for the state of Washington.
The Republican party has been nominating a lot of left-wing candidates for judicial positions lately.
This the only questionable judge among the 23 for the appeals courts.
Probably from his lib Federal Judge sister or Ivanka and Jared, I love Trump, but he sometimes relies on the advice of those close to him and doesn't do his own research...
I don’t think so.....
anyone have a list of the 23?
According to multiple sources, including his own words, he’s held a concealed carry permit for decades. He also supports national reciprocity for concealed carry.
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