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Pro-gun justice for SCOTUS?

Posted: Mon Jul 09, 2018 12:00 pm
by johndoe3
Of the 4 finalists for the new SCOTUS position, 3rd circuit Appeals Court judge Thomas Hardiman has the published pro-gun "chops" for the job. Below is what a leftist UCLA Law Professor fears...

http://dailycaller.com/2018/07/07/law-p ... -firearms/
A law professor described Judge Thomas Hardiman, a candidate for the impending Supreme Court nomination, as a “Second Amendment extremist” for his originalist view of the Constitution, specifically regarding the Second Amendment.

Professor Adam Winkler at the University of California at Los Angeles School of Law argued that if Hardiman were confirmed, the Supreme Court would be more likely to take up cases challenging current firearm laws, lending the potential for those laws to be struck down. Consequently, with Hardiman on the Supreme Court, there would be more legal gun ownership in what are now heavily regulated states like California and Connecticut.

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

Most notably, Hardiman wrote a 40-page dissent for Drake v. Filko where he argued the Second Amendment guarantees the right to carry a firearm in public “because the need for self-defense naturally exists both outside and inside the home, I would hold that the Second Amendment applies outside the home.”
Asserting the RKBA in the home and in public is hardly extremist in my view. In the rest of America Professor Winkler, outside the coastal States like CA, the right to carry a gun in public is the norm and not extremist.

Re: Pro-gun justice for SCOTUS?

Posted: Tue Jul 10, 2018 11:31 am
by johndoe3
I guess that pro-gun judge Thomas Hardiman came in second again (he was 2nd choice when Gorsuch was selected) in this new SCOTUS nomination, where Brett Kavanaugh is the nominee.

Trump/Pence were very open about selecting someone who first, is a textualist/originalist in applying the constitution to cases appearing before them. This is the first president who has openly published a list of potential nominees beforehand; and by doing so they have a deep bench of excellent choices to choose from.

BTW, the NRA came out today in support of Kavanaugh, citing the following...
During his tenure on the U.S. Court of Appeals, Kavanaugh wrote a strong dissenting opinion in opposition to Washington, D.C.’s ban on commonly owned semi-automatic firearms and registration requirement by applying an historical test consistent with Justice Scalia’s opinion in Heller.

“Judge Kavanaugh has demonstrated his clear belief that the Constitution should be applied as the Framers intended. To that end, he has supported the fundamental, individual right to self-defense embraced by Justice Scalia in the historic Heller decision. ”

“On behalf of our six million members, the NRA strongly supports Judge Brett Kavanaugh’s confirmation to the U.S. Supreme Court. We will be activating our members and tens of millions of supporters throughout the country in support of Judge Kavanaugh. He will protect our right to keep and bear arms and is an outstanding choice to fill Justice Kennedy’s seat,” concluded Cox.
https://www.nraila.org/articles/2018070 ... reme-court

Re: Pro-gun justice for SCOTUS?

Posted: Tue Jul 10, 2018 7:34 pm
by doubloon
johndoe3 wrote:...
BTW, the NRA came out today in support of Kavanaugh, citing the following...
...
This counts for not much from the flip flopping dealer wheelers.