Evaluating Sotomayor’s views on abortion and gun ownership

The article by Wayne Lapierre is from the Washington Times.


After the first day of confirmation hearings, gun owners have good reason to worry. Those of us who respect the Second Amendment are concerned about the case of Maloney v. Cuomo, which reviewed whether this freedom applies to all law-abiding Americans or only to residents of Washington. If it’s incorporated, the Second Amendment prevents the states from disarming honest Americans. If it’s not, the Second Amendment is meaningless outside of our nation’s capital.

Judge Sotomayor was on the U.S. 2nd Circuit panel that decided the Maloney case in a short, unsigned and clearly incorrect opinion. The fact that the Maloney panel misread precedent in order to avoid doing the 14th Amendment “incorporation” analysis required by the Supreme Court is troubling to say the least.

Equally troubling is the fact that Judge Sotomayor said she wasn’t even familiar with the Supreme Court’s modern incorporation cases. There are few issues more important for a judge to understand than whether the fundamental guarantees in the Bill of Rights apply to all Americans. Our First Amendment right to free speech applies to all Americans. Our Fourth Amendment protection from illegal search and seizure applies to all Americans. It’s hard to believe that a potential Supreme Court justice wouldn’t be familiar with those cases.

Despite that judicial amnesia, Judge Sotomayor co-authored an opinion — in January — holding that the Second Amendment does not apply to the states. So that leaves two options: Either she failed to follow the Supreme Court’s direction in Heller that judges are required to analyze the modern incorporation cases or she actually did review those cases but came to an incorrect conclusion. Neither option gives gun owners much confidence in her view of the Second Amendment.

Issues, Etc. did a podcast with pro-lifer Charmaine Yoest. Sotomayor is apparently a radical pro-abortionist, as well.

Video from Fox News:

You can read more about Charmaine’s challenge to Sotomayor in this Washington Post article.


Yoest is a calm, articulate, smart abortion opponent — the kind who gives abortion-rights supporters nightmares. Since virtually the moment Sotomayor’s name surfaced as a possible Supreme Court candidate, AUL has been conducting vigorous opposition research. It has set up two Web sites, including Sotomayor411.com that compares Souter to Sotomayor on a variety of issues, including abortion, end-of-life issues and the rights of abortion demonstrators. Suffice to say that Sotomayor doesn’t fare too well. And it has also has AskSotomayor.com, which lays out 10 questions that it says senators need to ask her.

I am so glad that we have someone intelligent and articulate to speak for us at Sotomayor’s hearings. A lot of people are pro-life, and are not really informed about it. But Charmaine is going to go out there and make a solid case in the little time she has available!

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