Monday, June 29, 2009

Sotomayor On The Second Amendment

Why are people harassing judge Sotomayor on gun rights? In Maloney v. Cuomo (Second Circuit) in a per curiam opinion, the Circuit held that the Second Amendment is only a limitation on the federal government, meaning, states are not bound by the Second Amendment. The holding is reasonable, given that the Supreme Court has never ruled that the Second Amendment applies to the states.


The Heller decision of June 2008 only held that in DC, a federal entity, the Second Amendment protects an individual right to arms.


In NRA v. Chicago, the Seventh Circuit shared the view of Second Circuit. The Ninth Circuit, in Nordyke v. Alameda County, took a view opposite to that of the Second and Seventh circuits.