“Our members understand that if Barack Obama is elected president, and he has support in the Senate to confirm anti-gun Supreme Court nominees, [the District of Columbia v. Heller decision] could be taken away from us in the future,” Chris Cox, head of the NRA’s political arm, told Politico.
That is the number one key. Obama voted against John Roberts. Obama voted against Samuel Alito. Those two made the difference in that decision. Now what did Obama say about SCOTUS nominees?
From MSNBC, hardly a conservative site.
Obama hinted that the court's recent decision in Gonzales v. Carhart -- which upheld a ban on partial-birth abortion -- was part of "a concerted effort to steadily roll back" access to abortions. And he ridiculed Justice Anthony Kennedy, who wrote that case's majority opinion. "Justice Kennedy knows many things," he declared, "but my understanding is that he does not know how to be a doctor."
Obama also won a laugh at the expense of Chief Justice John Roberts, saying that judgments of Roberts' character during his confirmation hearings were largely superficial. "He loves his wife. He's good to his dog," he joked, adding that judicial philosophy should be weighted more seriously than such evaluations. "We need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."
The Supreme Court justice's job is simple. It is to read the Constitution, read the law, and interpret it. Justice is supposed to be blind. It is not supposed to be legislative, or to even care what the criteria is. The other criteria is more important at Circuit Court level when it is time to dole out sentencing.
Back to the Politico article:
Since 2000, Democrats have made a conscious decision to avoid alienating gun owners and Second Amendment enthusiasts, as many in the party believe a NRA-stoked backlash cost Al Gore his home state of Tennessee , as well as West Virginia and Arkansas, in the 2000 presidential election. In the days leading up to Election Day four years ago, Democratic nominee Sen. John F. Kerry (Mass.) even went so far as to symbolically court gun owners, donning camouflage and hoisting a 12-gauge in what turned out to be a goose hunt in more ways than one.
The democrats haven't changed. While you have a few friendlies in rural and some social conservative and economic populist areas, along with a few schitzo types like Harry Reid and Pat Leahy who can go either way, most in congress and leadership are staunchly anti. Pelosi, Schumer, Conyers, Kennedy, Kerry, Obama, Clinton, Lautenberg, Boxer, and Feinstein for starters. They still run the show. What has changed is that these same people know that gun grabbing is a loser and will give politispeak in an attempt not to scare gun owners while they continue to vote anti-rights.
“Sen. Obama has always believed that the Second Amendment protects the right of individuals to bear arms and will uphold the constitutional rights of law-abiding gun owners, hunters and sportsmen as president,” said spokesman Tommy Vietor. “Sen. Obama also believes that we can work together to enact common-sense laws, like closing the gun show loophole and improving our background check system, so that guns do not fall into the hands of terrorists or criminals.”
That's a pile of crap. I'm not drinking your flavor-aid, Jim, I mean Barack. First off son, Obama voted against Roberts and Alito. Secondly, he never signed the amicus brief supporting the end of the DC ban (McCain who isn't perfect, did). Jim Jones voted in 2005 or 2006 (ban on firearms lawsuits amendment) to give the attorney general power to ban all rifle centerfire ammunition that may possibly penetrate a vest (That's all of them except a .22 as vests protect against pistol rounds, not rifle rounds. Obama also supported junk lawsuits against firearms manufacturers. As a state senator he voted against supporting immunity for those who defended themselves in their homes with a firearm. Lastly, as a candidate for state senator he supported a total ban - like the one challenged in court right now in Chicago.
As far as the DC gun ban goes, Obama has had more positions on this issue than the guests on the Maury Povich or Jerry Springer shows. Besides that questionaire he filled out supporting a handgun ban, there's these statements.
February 15th in Milwaukee:
There's been a longstanding argument among constitutional scholars about whether the Second Amendment referred simply to militias or whether it spoke to an individual right to possess arms. I think the latter is the better argument. There is an individual right to bear arms, but it is subject to common-sense regulation, just like most of our rights are subject to common-sense regulation....I think that local jurisdictions have the capacity to institute their own gun laws...The City of Chicago has gun laws, as does Washington, D.C. I think the notion that somehow local jurisdictions can't initiate gun safety laws to deal with gang-bangers and random shootings on the street isn't borne out by our Constitution.
Bans are not common sense regulations, and unless you are real stupid for a constitutional law professor, you know what "Right of the people" means. I don't think he's stupid, and is instead trying to deceive us. Is this a new kind of politics? No, Obama the con man gives us the same ole song and dance, straight from the Mark Mellman (dem strategist) playbook on gun issues.
If Obama replaces any of the five justices who backed Heller, you can kiss the 2nd Amendment goodbye in a legal sense, and we'll just have to become outlaws instead.