Explore The NRA Universe Of Websites

APPEARS IN News

Chris W. Cox's Political Report: Judging Judges

Thursday, September 1, 2005

POLITICAL REPORT

CHRIS COX, NRA-ILA Executive Director

This new approach to "judging" judges is such a departure from accepted precedent that commentators have started calling it "Schumerism." Anything with that name can't be good for the Second Amendment.

e all knew it was coming. The end of the most recent term of the u.s. Supreme Court brought with it the high expectation that a member of the court would retire. On July 1, Associate Justice Sandra Day O'Connor did just that.

The implications of even one replacement justice are not small. The recent terms of the court have been marked with a seemingly endless sequence of 5-4 decisions, with Justice O'Connor serving more often than not as the swing, determining vote in the middle. The nomination battle will draw countless interest groups from both sides of the ideological spectrum, all who are sure of only one thing-replacing O'Connor with a justice in lockstep with their own views is critically important.

Awaiting the Supreme Court's new term will be an appeal of the disastrous recent D.C. Court of Appeals ruling, which upheld the city's "strict liability" law against gun makers.

Traditionally, there was only one source of insight into a nominee's outlook on issues of the day-that nominee's previously published opinions, rulings and articles. This body of work would be pored over by researchers, but the results generally culled only tidbits and clues. In the end, senators were left to consider a nomination under the guideposts laid out by Alexander Hamilton in The Federalist: Integrity, intelligence and temperament, and faithfulness to the rule of law.

Now, one member of the Senate proposes to overturn these hundreds of years' worth of constitutional precedent. He argues publicly that senators must assess judicial nominees not on their legal records, nor on the guideposts established by Hamilton. No, he argues that today's nominees must be considered on the basis of "ideology."

That man is our longtime nemesis Sen. Charles Schumer, d-n.y., and his "ideology" is simply a code word for "politics." Schumer proposes to judge the judges on the basis of private political opinions, and declare those who disagree with him to be "extremists" who are "out of the mainstream" and automatically disqualified from Senate confirmation. Support for the Second Amendment, of course, will be one hallmark of Schumer's "extremist" label.

Schumer's gall in this subversion is boundless. Overheard on a recent train trip, he proudly declared "we are going to war" with the president over his nominee, well before he had any idea who that nominee would be. Schumer dismissed the notion of judging a nominee on the merits, saying, "It's not about an individual judge. It's about how it affects the overall makeup of the court."

His reasons for firmly establishing himself as an opponent of any Bush nominee are clear. For years, stymied by the loss of power in Congress and state legislatures, anti-gun activists have turned their efforts to the nation's courts. "It doesn't take a legislative majority to file a lawsuit," sniffed gun-ban lawyer Elisa Barnes when she filed one of the earliest suits against the firearm industry. Clearly, their only chance for success in persuading a court to mandate the same restrictions rejected by Congress is to influence the makeup of the federal courts. They must ensure that judicial nominees share their "progressive" view of a "living Constitution," under which activist judges can interpret their desired policy outcomes. If not, they are declared "extremists" and "out of the mainstream."

Regardless of who President Bush might nominate to fill this or subsequent vacancies on the court, it is safe to predict they will not fit Schumer's ideological mold. So it is safe for Schumer to declare he will go to war with the president, no matter who is named to fill the O'Connor vacancy.

His new approach may seem like more of the same tired politics coming out of the nation's capital, but it is such a departure from accepted precedent that commentators have started calling it "Schumerism." Anything with that name can't be good for the Second Amendment.

Indeed, for gun owners the stakes of this battle are enormous. Awaiting the Supreme Court's new term will be an appeal of the disastrous recent d.c. Court of Appeals ruling, which upheld the city's "strict liability" law against gun makers. Until that decision is overturned by the Supreme Court-or nullified by Congress via the passage and enactment of s. 397-the entire firearm industry faces "strict liability" for gun crimes committed in the nation's capital.

It all comes down to one man. Schumer will stand in the way of any nominee who might declare the d.c. law to be the unconstitutional atrocity it is, just as he stood in the way of efforts to pass s. 397 without anti-gun amendments.

Our grassroots power has changed the makeup of the Senate. Our grassroots power has decided who will hold the White House. Now, we must face the challenge of ensuring that the vision of the Founding Fathers is upheld, and that one man who has appointed himself to declare "war" against the president and the will of the nation does not trample our victories.

 

TRENDING NOW
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

News  

Monday, January 12, 2026

Bans for 3D Blueprints: New York Governor Pushes Anti-Gun, Anti-Speech Proposals

Manufactured panic has frequently been used to lay the policy foundation for legislative and legal efforts meant to ban legally manufactured and lawfully owned firearms.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

News  

Monday, January 12, 2026

Gun Control Honcho “Certain” that Federal Agents with Guns “Do Not Make Us Safer”

Gun control advocates have gone to great lengths to rebrand themselves as mere proponents of “commonsense gun safety measures.” 

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

News  

Monday, January 12, 2026

Crisis Management in the Land Down Under: All Roads Lead to Gun Control, Buybacks

After the terrorist attack on December 14th at Australia’s Bondi Beach, it was revealed that one of the two alleged perpetrators, Naveed Akram, had come to the attention of the Australian Security Intelligence Organisation (ASIO) in October ...

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

Tuesday, January 6, 2026

U.S. DOJ and 25 States File Amicus Briefs Supporting NRA Challenge to California Ammunition Regulations

The U.S. Department of Justice and a coalition of 25 states have each filed amicus briefs in Rhode v. Bonta, a case backed by the National Rifle Association and California Rifle and Pistol Association challenging California’s ...

Pennsylvania: 2026 Legislative Session Convenes

Tuesday, January 6, 2026

Pennsylvania: 2026 Legislative Session Convenes

On Tuesday, January 6th, the Pennsylvania Legislature began the 2026 legislative session. As in 2025, lawmakers are expected to introduce both pro-gun and anti-gun bills this year. Gun owners and sportsmen throughout the state must stay actively involved ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.