Thursday, May 13, 2010

Packing the Court Shockah!

How unexpected!  Kagan was "not sympathetic" to gun rights argument.

Kagan, whom President Barack Obama nominated to the high court this week, made the comment to Justice Thurgood Marshall, urging him in a one-paragraph memo to vote against hearing the District of Columbia man's appeal.

The man's "sole contention is that the District of Columbia's firearms statutes violate his constitutional right to 'keep and bear arms,'" Kagan wrote. "I'm not sympathetic."

The lower court ruling in the 1987 case, issued by the District of Columbia's highest court, said the Second Amendment protects only the rights of states to raise militias, and not individual gun rights. The ruling upheld Lee Sandidge's conviction for carrying a pistol without a license, possession of an unregistered firearm and unlawful possession of ammunition.

The high court refused to hear the case, known as Sandidge v. United States. The memo to Marshall, found in his papers at the Library of Congress, includes a handwritten "D," indicating that he was among those who voted to deny review.

So, now we begin to see why the Supreme Court of the USA never heard a Second Amendment case in the modern era until Heller.  Here's what she said about that:

As a nominee to be solicitor general last year, Kagan told lawmakers that she accepted that 5-4 decision in District of Columbia v. Heller as a precedent of the court.

"There is no question, after Heller, that the Second Amendment guarantees individuals the right to keep and bear arms and that this right, like others in the Constitution, provides strong although not unlimited protection against governmental regulation," she said.

"Not unlimited" means "we will find a way to fix you redneck gun huggers, or make one."  Because its easier to make people shut the frack up and do what you tell them when they can't stick a gun in your face and tell you to piss off.

She makes Ruthy Ginsberg look like Rush Limbaugh.

The Phantom

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