SAF Calls Sotomayor Nomination an Obama Slap at Second Amendment

BELLEVUE, Wash.--(BUSINESS WIRE)--The nomination of Second Circuit Court Judge Sonia Sotomayor to replace retiring Justice David Souter on the U.S. Supreme Court is a slap at gun rights and the Second Amendment, the Second Amendment Foundation said today.

“If the Maloney appeal is accepted by the Supreme Court”

Judge Sotomayor, a New York native, ruled on a Second Circuit Appeals Court panel that the Second Amendment is not a fundamental right and does not apply to the states in the case of Maloney v. Cuomo. This ruling is in direct conflict with a Ninth Circuit Court ruling in the Nordyke v. King case in California that the Second Amendment is incorporated through the due process clause of the Fourteenth Amendment.

“While Democrats in Congress have been making great strides in the gun rights arena, refusing to consider a renewal of the Clinton gun ban, and offering overwhelming bipartisan support for legislation allowing citizens to carry firearms in national parks, President Obama just demonstrated that he prefers judges who oppose Second Amendment rights,” said SAF founder Alan M. Gottlieb.

Incorporation may be taken up by the high court during its next session beginning in October, because attorneys in the Maloney case plan to appeal in late June.

“If the Maloney appeal is accepted by the Supreme Court,” Gottlieb wondered, “would Justice Sotomayor – provided she is confirmed – recuse herself from deliberations?”

Judge Sotomayor has written an opinion that declined to order the release of certain information under the Freedom of Information Act. In one case, according to SCOTUSblog, she wrote that the “unwarranted invasion of privacy” for individuals whose names would be released under an FOIA request outweighed the public interest.

“Would a Justice Sotomayor be just as protective of the privacy rights of concealed carry permit holders if a newspaper wanted to publish that information?” Gottlieb asked. “We hope that during Senate confirmation hearings, someone asks about her positions on incorporation and the privacy rights of gun owners. The Second Amendment needs to be expanded, not eviscerated.”

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.