Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Thank you, Justice Stevens and Mrs. Obama

Friday, October 28, 2011

In case any reader of our weekly Grassroots Alert has not decided how to vote in the 2012 presidential election, retired Supreme Court Justice John Paul Stevens and First Lady Michelle Obama have volunteered to help him make up his mind.

Recently, Time magazine asked Stevens what he would fix about the American judicial system. Stevens' response:  "I would make all my dissents into majority opinions."  Fair enough, since he's entitled to think he is right, even when a majority of his former colleagues and a larger majority of the American citizenry disagree.

But then Time asked Stevens to single out one issue in particular, and he said, "I would change the interpretation of the Second Amendment." Referring to the Court's decisions in the Heller and McDonald cases that the Second Amendment protects individuals from federal, state and local infringements on their right to possess and carry arms, he added "The court got that quite wrong."

In his dissent in Heller, Stevens claimed that "there is no indication that the Framers of the [Second] Amendment intended to enshrine the common-law right of self-defense in the Constitution." And in his dissent in McDonald, he claimed that even if one assumed the Fourteenth Amendment protects a general right to self-defense, that didn't mean that a person has a right to have a handgun. As if to suggest some logic to his theory, Stevens said "while some might favor handguns, it is not clear that they are a superior weapon for lawful self-defense."

We have earlier noted the comment of another of the four justices who dissented from the majority's Heller and McDonald opinions, Stephen Breyer, to the effect that District of Columbia residents who don't like the city's onerous gun laws should go to Maryland. And Justice Ruth Bader Ginsburg, another of the Heller and McDonald dissenters, has publicly indicated her hope that a "future, wiser court" will reconsider the Heller decision.

Of course, Justice Stevens and another of the four dissenting justices in Heller, Justice David Souter, have since retired and been replaced by Justice Sonia Sotomayor, who dissented from the majority's decision in McDonald, and Justice Elena Kagan, who joined the Court in August 2010 and who had a clear anti-gun record during her service in the Clinton White house.

Sotomayor and Kagan were nominated to the Court by President Barack Obama, of course. And not long ago, during a pre-2012 campaign event, First Lady Michelle Obama asked some of the president's most ardent supporters to remember the Court's two newest justices when they go into the voting booth next year. In the upcoming election, she said, "we're going to make a choice that will impact our lives for decades to come . . . let's not forget what it meant when my husband appointed those two brilliant Supreme Court justices . . . let's not forget the impact that their decisions will have on our lives for decades to come."

Obama supporters will not forget, and neither should supporters of the Second Amendment. The Second Amendment's margin of safety on the Court remains intact by merely one vote. Given the likelihood of at least one retirement from the Court during the next presidential term, the future of the amendment could easily hinge on Election Day 2012.

TRENDING NOW
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

California: DOJ Proposes Emergency Rule that Reauthorizes NRA Instructors

Wednesday, March 27, 2024

California: DOJ Proposes Emergency Rule that Reauthorizes NRA Instructors

On Monday, March 25th, the California Department of Justice published an emergency rulemaking package proposing to amend the Carry Concealed Weapons DOJ Certified Instructors regulations. Under the proposed rulemaking, NRA Certified Instructors would once again ...

Grassroots Spotlight: Michigan Grassroots

Take Action  

Tuesday, March 19, 2024

Grassroots Spotlight: Michigan Grassroots

It's been a busy start to the year in the Wolverine State, as the Michigan NRA-ILA Grassroots Team has been out alerting and educating members and supporters on the critical changes in gun laws and working to stop ...

Kentucky: Credit Card Data Privacy Bill Passed Into Law

Tuesday, March 26, 2024

Kentucky: Credit Card Data Privacy Bill Passed Into Law

Today, Governor Andy Beshear let HB 357, the Merchant Category Code ban legislation pass into law without his signature. Your NRA would like to thank Representatives Derek Lewis (R, H-90), Michael Meredith (R, H-19), and Senator ...

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.