Re: Sotomayor Thinks the 2nd...Isn't a Constitutional Right
by
mom
05/31/2009, 12:25 PM #
Have you read them? You do realize that she was part of a 3 judge panel that ruled on nunchakas in New York? You do realize that the echo chamber is manipulating you through your cowardice?
Second Amendment rights
Sotomayor was part of the three-judge Second Circuit panel that affirmed the district court's ruling in Maloney v. Cuomo (2009).[81] Maloney was arrested for possession of nunchakus, which are illegal in New York; Maloney argued that this law violated his Second Amendment right to bear arms. The Second Circuit's per curiam opinion noted that the Supreme Court has not, so far, ever held that the Second Amendment is binding against state governments. On the contrary, in Presser v. Illinois, a Supreme Court case from 1886, the Supreme Court held that the Second Amendment "is a limitation only upon the power of Congress and the national government, and not upon that of the state."[citation needed] With respect to the Presser v. Illinois precedent, the panel stated that the recent Supreme Court case of District of Columbia v. Heller (which struck down the district's gun ban as unconstitutional) "does not invalidate this longstanding principle."[citation needed] Thus, the Second Circuit panel upheld the lower court's decision, [82] thereby ruling that Maloney was not permitted to possess nunchakus in New York.
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