U.S. Supreme Court Confirmation Hearings Regarding the Second Amendment — Elena Kagan and Sonia Sotomayor Shenanigans!

Nominated by President Barack Obama (after Justice John Paul Stevens retired in April 2010), Elena Kagan has been the first U.S. Supreme Court Justice appointed without prior experience as a judge since the appointment of William Rehnquist in 1972. It now seems to me that her nomination by President Obama was payback for the fact that Kagan had legally represented him in stalling all court challenges attempting to ascertain Obama's citizenship.(1)  But what about her standing on the Second Amendment?

Elena KaganElena Kagan (photo, left) to Senator Charles Grassley (R-IA) in confirmation testimony, June 2010:

"It has long been thought, starting from the 'Miller' case, that the Second Amendment did not protect such a right. . . . Now the Heller decision has marked a very fundamental moment in the court's jurisprudence with respect to the Second Amendment. And as I suggested to Senator Feinstein there is no question going forward that ‘Heller’ is the law, that it is entitled to all the precedent that any decision is entitled to and that is true to the ‘McDonald’ case as well…"(2)

So Kagan's testimony affirmed that gun rights are a matter of "settled law." In other words, Kagan agreed that the Second Amendment is "settled" as an individual right to keep and bear arms for law-abiding citizens. The intimation is that she would not oppose this settled question.

Mendacity: In July that same year, as a recently confirmed Supreme Court Justice, Elena Kagan voted with the minority against striking down the Chicago gun ban in the McDonald v. Chicago decision. Translation: the Second Amendment is not an individual right of citizens, so it is an "unsettled" law!
Sonia Sotomayor
Now, let's go back to Sonia Sotomayor's (photo, right) confirmation testimony just a couple of years previously. As Obama's first Supreme Court nominee, Sotomayor promises to be no better Justice than Kagan, certainly no legal eagle. Rather, they seem to be birds of a different feather who flock together. Despite her past decisions contravening the Second Amendment, Sotomayor also promised the Senate Judiciary Committee in 2009 that she would support District of Columbia v. Heller, "follow and accept it," guaranteeing an individual right to self-defense.(3)

Senator Patrick Leahy: “. . . you, in fact, recognized the Supreme Court decided in Heller that the personal right to bear arms is guaranteed by the Second Amendment of the Constitution against federal law restrictions. Is that correct?"

Sotomayor: "It is."

And yet, in McDonald v. Chicago, like Kagan, Sotomayor reneged on her promise and voted with the liberal justices, Breyer and company, in another sharp 5 to 4 decision.

We still have a perilous situation, the Supreme Court has been very narrowly supportive of an individual's right to keep and bear arms. Remember the decision was 5-4 in District of Columbia v. Heller when the U.S. Supreme Court struck down Washington, D.C.'s handgun ban in 2008, and a similar 5-4 decision to strike down Chicago’s handgun ban in McDonald v. Chicago in 2010.

These 5 to 4 decisions hang by a thread. The liberal justices' dissent provide a clear warning: "The Supreme Court is just one vote away from totally reversing District of Columbia v. Heller (federal ban) and McDonald v. Chicago (state ban), and asserting the government can completely ban private gun ownership as it had done in Chicago, New York, San Francisco, and Washington, D.C.

Liberal U.S. Supreme Court Justices


1. Supreme Court of the United States, No. 09-8857, Jerome Julius Brown, Sr., Petitioner v. Barack H. Obama, President of the United States, et al. Docketed: January 29, 2010.

2. Lott, John. A vote for Kagan is a vote to take away your guns. FoxNews.com, June 30, 2010.

3. Amicus Brief No. 07-290 IN THE Supreme Court of the United States DISTRICT OF COLUMBIA, ET AL., Petitioners, v. DICK ANTHONY HELLER, Respondent. On Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit. BRIEF FOR AMICUS CURIAE ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC. IN SUPPORT OF RESPONDENT. ANDREW L. SCHLAFLY Counsel for Amicus, February 7, 2008. 

Written by Dr. Miguel Faria

This article was published exclusively for HaciendaPublishing.com on November 28, 2011. The article can be cited as: Faria MA. U.S. Supreme Court confirmation hearings regarding the second amendment — Elena Kagan and Sonia Sotomayor shenanigans! HaciendaPublishing.com, November 28, 2011. Available from: http://www.haciendapub.com/randomnotes/us-supreme-court-confirmation-hea...

Copyright ©2011 Miguel A. Faria, Jr., M.D.

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Even Supreme Court Justices may say one thing yet do another!

It's unnerving, especially when it's pointed out — as in the comments — that 5 of the Justices could be nearing retirement age in the near future! Great article about the Second Amendment and where our current Justices stand concerning it.

Obama's Surgeon General?


Feb 5 in the appropriately named Senate HELP Committee (Health, Education, Labor, Pensions), Senators will hold hearings on the nomination of Vivek Murthy to be Surgeon General of the United States.

Make no mistake about it:  Murthy is an anti-gun fanatic.   Not only that, as Surgeon General, Murthy could channel huge amounts of taxpayer dollars to "junk science studies" intended to prove that guns should be banned.
Murthy is co-founder and president of Doctors for America, an Obama-linked organization which has gone to great lengths to push gun control.

Both Murthy’s personal assistant and press secretary are fellows at a Leftist "think tank" supported by financier George Soros...

After the shooting in Newtown, Murthy’s group authored an open letter to Obama that urged restrictions on gun rights in the name of the medical profession, stating:
It’s time for common sense gun rules like background checks and banning assault weapons and high-capacity magazines, as well as a comprehensive plan to address gun violence including ensuring funding for research and data-collection on gun violence and ensuring that health care providers can ask patients about gun ownership in order to counsel them appropriately about safety measures.

Gun Owners of America
8001 Forbes Place, Suite 102
Springfield, VA 22151 703-321-8585


Today in History

Tuesday, Feb. 4, 2014
On Feb. 4, 1974, newspaper heiress Patricia Hearst, 19, was kidnapped in Berkeley, Calif., by the radical Symbionese Liberation Army.

(Two months later, Hearst declared that she had joined her captors; she helped the SLA rob a bank, was captured in 1975, convicted for her role in the robbery and sentenced to seven years in prison. Hearst, who has maintained she was a victim of brainwashing, served nearly two years before President Jimmy Carter commuted her sentence; she was pardoned in 2001 by President Bill Clinton.)

Wednesday, Feb. 5, 2014.

On Feb. 5, 1937, President Franklin D. Roosevelt proposed increasing the number of U.S. Supreme Court justices; the proposal, which failed in Congress, drew accusations that Roosevelt was attempting to "pack" the nation's highest court.

2004: CIA Director George Tenet offered a forceful defense of prewar intelligence in a speech at Georgetown University. Pakistani President Gen. Pervez Musharraf (pur-VEHZ' moo-SHAH'-ruhv) pardoned the country's top nuclear scientist, Dr. Abdul Qadeer Khan, for leaking weapons technology to Iran, Libya and North Korea.

Associated Press, 2014.

The Presidential Election 2012 & the Supreme Court!

I have received an undated email from "Joseito" reminding me of the importance of this coming presidential election and the future of the Supreme Court appointments that will follow.

I concur that the Supreme Court Appointments is another reason we need to elect Romney and dismiss Obama at the upcoming presidential election. Consider the advancing ages of the following Justices:

1. The great Justice Scalia just turned 78.
2. Justice Kennedy will turn 78 later this year.
3. Justice Breyer will be 76 in August.
4. Justice Ginsburg turned 81 about a week ago, and she is afflicted with pancreatic cancer. (In 2009 Ginsburg underwent uneventful, lifesaving surgery for pancreatic cancer. She also had had colon cancer in 1999 for which she successfully underwent surgery, chemotherapy, and radiation therapy.)
5. Justice John Paul Stephens has already declared he would retire and is only waiting for Obama to be reelected. (Indeed he retired before that at age 90 in 2010 and was replaced by liberal Justice Elena Kagan).

Thus the next president [Obama as Romney lost!] could appoint as many as five new Supreme Court Justices over the next 4 or 8 years. This election is certainly much more than ObamaCare or even government spending or the National debt, important issues as all of them are– but also about the future composition of the Supreme Court, as described. Whomever is elected president in November will nominate and sit at least one new member to the Supreme Court, in addition to hundreds of other life-tenured federal judges throughout the land. This election is the most important presidential contest perhaps since the Bush-Gore election of 2000, if not since the crucial Reagan-Carter election of 1980.

(Edited Feb 5, 2014)