So, I’ve been working my way through the Supremes’ most recent 2nd Amendment case, McDonald vs. City of Chicago, and I find Sonia Sotomayor was on the losing team. No big thing, I think we all know she was going to be to the left, and her votes would follow. But the interesting part is that she joined, with Ginsberg, in Breyer’s dissent. The dissent that says, the court got Heller wrong, and now that,
“In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense.”
Wait a second. Is this the same Sonia Sotomayor who swore to the Senate that Heller was valid law, settled law?
I’m still working on McDonald, but it seems to be quite similar to Heller in one important respect. It opens the door for all kinds of new cases as to what restrictions can be put on gun ownership under the 2nd Amendment. Fat Tony really left the back door wide open in some respects when he wrote Heller.
So, does anyone believe Elena Kagan is a friend of the 2nd Amendment?