When Sotomayor was nominated for the High Court last year, she was asked by Judiciary Committee Chairman Pat Leahy (D−VT) whether after Heller it is now a matter of settled law that the Second Amendment secures an individual right to own a gun. Her answer was clear and direct: “Yes, sir.”
Yet Monday, Justice Sotomayor joined in full the following statement: “I can find nothing in the Second Amendment’s text, history, or underlying rationale … to protect the keeping and bearing arms for private self-defense purposes.”
The dissent went on to argue that the Court should “reconsider” the Heller decision, meaning that the Court should overrule Heller’s holding that the Second Amendment applies to American citizens.
This is completely consistent with Sonia Sotomayor’s record as a Second Circuit judge, where she repeatedly ruled against gun rights. She argued that the Second Amendment does not apply to individuals, does not apply to states, and that any gun-control law should be upheld if it’s rational. (She then added that because guns are deadly, any law restricting them is rational. Hence, all gun-control laws are automatically constitutional, even complete bans.)
Should we expect anything other from the Wise Dyke?