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Elena Kagan on the 2nd amendment.

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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 09:04 AM
Original message
Elena Kagan on the 2nd amendment.
Wise choice given the list of other potential nominees; however... I'll be guardedly optimistic until she actually gets to decide
on any 2nd amendment case, and more importantly... where she draws the line for "unlimited protection".




In June 2008, the Supreme Court ruled 5-4 in Heller vs. D.C. the Second Amendment guaranteed the individual right to bear arms and applied to federal enclaves such as the District of Columbia.

In response to a question from Sen. Chuck Grassley, R-Iowa, Kagan said: "If I am confirmed, I will commit to show Heller and the principles articulated in it the full measure of respect that is due to all constitutional decisions of the (Supreme) Court. Only highly unusual circumstances can justify the solicitor general's office in asking the court to reconsider a decision, especially one as thoroughly considered as Heller. Once again, 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."


http://www.upi.com/Top_News/US/2010/03/14/US-Supreme-Court-Will-liberal-Kagan-find-a-home-in-high-court/UPI-87991268551800/
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 09:07 AM
Response to Original message
1. Another reason to oppose her...nt/
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 10:46 AM
Response to Reply #1
7. Don't worry...
I'm certain that there will be more than enough opposition from the Republican side whom will agree with you.
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 09:07 AM
Response to Original message
2. unlimited protection = terrorist RKBA rights to take guns on airplanes nt
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Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 09:53 AM
Response to Reply #2
4. And we thought Glenn Back was irrational(!) (n/t)
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shadowrider Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 10:10 AM
Response to Reply #4
6. Beck is a model of mental health and stability compared to some anti-gun people on this board
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shadowrider Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 10:08 AM
Response to Reply #2
5. Unsubstantiated hyperbole
Edited on Mon May-10-10 10:12 AM by shadowrider
NO ONE who supports RKBA rights on this board is suggesting, or has ever suggested, such a thing.
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jazzhound Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 11:35 AM
Response to Reply #2
9. The LOL's make me LOL.

(The Limbaughs of the Left make me laugh out loud)
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OneTenthofOnePercent Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 11:48 AM
Response to Reply #9
10. "LOL"... LOL!!!
:rofl:
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jazzhound Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 07:38 PM
Response to Reply #10
14. It's gallows humor, actually, since their arrogance

and willful ignorance comes at such a high political price.

One of the GOP's worst nightmares (if not THE worst nightmare!) would be a Democratic Party that got smart on gun "control".
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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 07:29 PM
Response to Reply #2
13. Go tell Chicken Little. n/t
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proteus_lives Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 10:05 PM
Response to Reply #2
16. Same tune from msongs.
Always the same fail-lyrics.

:eyes:
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 09:22 AM
Response to Original message
3. Prophecies of doom aside, this is really encouraging
Someone needs to affirm that the Bill of Rights says what it means and means what it says. Good on Kagan for supporting Heller.
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 11:01 AM
Response to Original message
8. That's a good omen
I like this quote even better;

"The Supreme Court held in District of Columbia v. Heller, 128 S.Ct. 2783 (2008), that the Second Amendment guarantees an individual right to keep and bear arms. The Court granted this right the same status as other individual rights guaranteed by the Constitution, such as those protected in the First Amendment . . . . I understand the Solicitor General’s obligations to include deep respect for Supreme Court precedents like Heller and for the principle of stare decisis generally. There is no question, after Heller, that the Second Amendment guarantees Americans “the individual right to possess and carry weapons in case of confrontation."

http://judgepedia.org/index.php/Elena_Kagan

I hope that's her personal opinion and not simply her view of the "Solicitor General’s obligations."
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:50 PM
Response to Reply #8
11. Now that quote is better. Get her on the bench yesterday.
"Individual RIGHT to possess and CARRY weapons."
DING DING DING.

Sounds like we have the first potential liberal on the bench who understands the second isn't a half amendment it has equal protection and weight compared to the other amendments.
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Hoopla Phil Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 05:57 PM
Response to Reply #8
12. That looks good, but like you said. Are those her words or how she sees
the position of Solicitor General regarding SCOTUS decisions. Would make a good question at the confirmations wouldn't it?
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jazzhound Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-10-10 10:02 PM
Response to Reply #8
15. I hope that's her personal opinion as well. Perhaps the Great Gun Debate

has left me cynical, but I'm not high-fiving yet.
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