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With the Supreme Court's acceptance of McDonald v. Chicago, we now begin the waiting game. Naturally, both pro-rights and anti-choice camps are speculating on how the High Court will rule, and of particular interest is how the newest judge, Sonia Sotomayor, will factor in on the decision.
There's a meme wending its way around internet forums and the like that she'll recuse herself, since she already ruled at the circuit court level that the Second Amendment does not restrict the power of states to infringe on the right to keep and bear arms. Some seem to be under the impression that she ruled on McDonald, which she did not (she ruled on Maloney v. Rice), and because of that, the prospect of overruling herself will present a judicial ethics conflict.
First, Sotomayor's decisions were issued from the 2nd Circuit. McDonald comes from the 7th. Here's what she said in the past, per Declan McCullagh at CBSNews' "Political Hotsheet":
In a 2004 criminal case, U.S. v. Sanchez-Villar, a three-judge panel that included Sotomayor wrote that "the right to possess a gun is clearly not a fundamental right."
Another case involved a fellow named James Maloney who was arrested...for possessing a nunchaku...in his home. Maloney claimed that the Second Amendment rendered the state law banning nunchakus unconstitutional.
A three-judge panel including Sotomayor unanimously rejected his claim in January 2009, ruling that the Second Amendment "imposes a limitation on only federal, not state, legislative efforts."
So--back to the issue of recusal: I wouldn't count on it.
From a "Political Hotsheet" update:
On Tuesday, Sotomayor said she would recuse herself if ruling -- effectively on whether to overrule herself -- only in the Maloney case...
She did not agree, however, to recuse herself if the Supreme Court hears another case involving very similar material from the 7th or 9th circuits.
Here's what I would count on: Sotomayor is still very much an influence--and still very much a danger.
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Knox featured in documentary
"Not Without a Fight," the documentary featuring interviews with gun rights activists, has added a couple more raw footage clips, this time with Jeff Knox.
Click here for segment #1 and here for segment #2.
Also see footage with Kenn Blanchard and yours truly.
I see filmmaker Max Lemus has his new website up. I know what I'm adding to my bookmarks and link list.
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WND quotes GRE
For those of you who didn't read yesterday's column, I added a note about WorldNetDaily's article on the Montana gun lawsuit, where they quote from my related story.
Click here to read Bob Unruh's report.
Comments
"I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life." - Sotomayor.
Anyone with an ego large enough to make such an offensive & conceited statement is not going to recuse herself from such a high profile case. I would be extremely surprised if she did. She wants to validate her previous opinions on the Second Amendment and this is her chance.
The bride of Jaba the Hutt. She's not a wise Latina, she's a communist and the worst example of what American leftist universities and thought have ever produced. She and the other morons on SCOTUS will produce a ruling odious to free people everywhere, and defend their lies without end. III.
I count this a blessing that in these tough court battles, precedent rendering cases and the true colors for which this country stands will be firmly rooted in case-law from which future generations can draw wisdom and discernment. All of which can pass none too soon.
Don't you really think this case is more of SCOTUS ruling on the 14th amendment and if the NOLA Slaughter House Cases got it wrong on incorporation? If the SCOTUS rules at all like they did on Heller, this should be a very narrow ruling that say only a Smith and Wesson model 442 j frame in a bedroom lock box only with ball ammunition is allowed if all the paper work is in order. Not very pleasing for gun owners or gun haters. I expect much more legal action in the years to come in order to get past "infringed" issue. Please let our rulers somehow trust lawful Americans from any state!
Not a chance in Hell she will recuse herself
"I would hope that a wise Latina woman (ed: note both racist AND sexist) with the richness of her experiences would more often than not..." think that she is infallible and above people who do not share her heritage.
It will not surprise me if when she finally retires, her rulings are the most controversial in the courts long history. And remember, the first amendment is probably next up.
Of course she won't recuse herself. That would require ethics and honesty.
I agree whole heartedly................with a swollen head and ego to match she has no intention of recusing herself...........after all, she is the wise Latina (as mentioned above by others). There is no way that she will stand on the sidelines on this one.........she "knows" better than all of us what is right........remember, her life experiences (socialism and privilege) have taught her that.
What a dangerous buffoon!!!
Recuse? Why would she? This is the primary reason she was put in that position.
Sad that 9 dolts can read into, or out of, the constitution anything they want. worse yet is that the other 2 branches have forgotten that "checks and balances" go both ways.
S is correct, incorporation is the big issue and it will likely pass easily. Also, there is absolutely nothing unethical about Sotomayor not recusing herself from this case. She didn't rule on this case, the mere fact that she ruled on a similar one has nothing to do with anything.
The idea of her being an extreme leftist or even Communist is laughable. Come on folks, "To the left of you," doesn't mean commie. For example, she has consistently ruled in favor of corporate interests over consumers. She has a history of making conservative decisions regarding police matters.
One other thing. Keep in mind that if the SC rules the way we would like them to, they will be overturning a VERY conservative ruling. This isn't some commie judge that wrote the previous opinion, it was Judge Frank Easterbrook, one of the most respected conservative judicial minds in the country.
Jason, you have conveniently confused "authoritarian" with "conservative." True "conservatives" are nowadays called "libertarians" or "constitutionalists" by those who still cling to the false dichotomy of a left/right political spectrum in this country. Sotomayor is a statist, and she is a rabid one. She's a Plutocrat, if anything, so long as she is one of the philosopher-kings.
that said, I do not think she should have to recuse herself in McDonald, but I agree that her SCOTUS career will look like her appelate career, where she has had one of the highest reversal rates in the country (and IIRC the highest in her circuit).
I actually am very concerned that Sotomayor will recuse herself, if only because if she does, I do not feel 100% confident that Justice Kennedy will ally with Scalia, Alito, Gates, and Thomas as he did on the Heller case. If this happens, we have a 4-4 split, which basically remits the decision back to the 7th circuit without any need for an actually legally binding decision from the SCOTUS justices, thus forcing us to wait for another case to make it's way to SCOTUS.
Expecting Sotomayor to recuse herself on this case is like expecting the Secret Service to remain outside the room while Obama meets with William Pierce. Sotomayor knows how she got where she is, and she knows what they hired her to do.
"Another case involved a fellow named James Maloney who was arrested...for possessing a nunchaku...in his home. Maloney claimed that the Second Amendment rendered the state law banning nunchakus unconstitutional."
Nunchaku possession a 2nd Amendment case may be a stretch. But the fact that someone could be arrested for having a couple of sticks attached by a small length of string or chain shows just how deep in the crapper we already are.
What next? Arrest someone because they have Black Best in Feng shui? Or because they have longhorns of illegal length on their Cadillac grille? Looks like it's good night nurse.
Sotomayor is a classic example of why we need to end affirmative action; she is not qualified to set on the Supreme Court!
I don’t expect this woman to do anything other than what her handlers want her to do.
And further more regardless of the outcome of this case expect the NRA to stab gun owners in the back.
I expect this case to be a death blow to the 2A, the court will rule the 2A applies to the States but the States can regulate and mandate the Right into oblivion.
Expect ammo license, fingerprinting and Illinois FOID card type laws nation wide.
The NRA has worked long and hard for this and it’s about to come to fruition
Of course she will not recuse. She is in a position of power unapproachable by the mechanics that could threaten her removal. With no consequences, and NO SOUL, there is no reason to her thinking not to lie cheat and steal our rights away.
I really don't think she will rescue anything.
Where is America? This nunchaku case is ridiculous... everyone should be able to practice martial arts in one's home, it's a cultural art! I don't think the Maloney case even addressed this?
Arrested...for possessing a nunchaku...in his home. PLEASE!!!
That is so NOT America! Where is the Militia?
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