Oppose Sotomayor
July 10, 2009
The letter below was sent to both senators Baucus and Tester. Feel free to follow up with email to them. Their staff people who handle gun issues are:
“Heather O’Loughlin (Baucus)”
“Lillstrom, Alpha (Tester)”
It is enough to say (if you wish), “I agree with MSSA. Please oppose confirmation of Sotomayor.”
Gary
================
Dear Senator Baucus,
President Obama has nominated Judge Sonia Sotomayor as the next associate justice of the United States Supreme Court.
Judge Sotomayor is on record as of the opinion that the restrictions on government entities that are found in the Second Amendment to the U.S. Constitution do not apply to state and local governments – that local and state governments may permissibly enact and enforce gun control measures notwithstanding the Second Amendment. In judicial jargon, Judge Sotomayor has opined that the Second Amendment is not incorporated via the Fourteenth Amendment to apply to state and local governments.
This opinion is at odds with that of Montana Attorney General Steve Bullock, who recently signed on as an amicus party to McDonald v. Chicago, a lawsuit being appealed to the U.S. Supreme Court. In that amicus appearance, Bullock argues that the Second Amendment does apply as a restriction upon state and local governments, a position consistent with Montana people and Montana culture.
Further, Judge Sotomayor’s position is also at odds with that of the Ninth Circuit Court of Appeals, whose opinion applies in Montana, and whose recent Nordyke opinion unambiguously holds that the Second Amendment operates as a restriction on state and local governments.
For this reason and others, the Montana Shooting Sports Association determines that Judge Sotomayor would be an inappropriate choice for the U.S. Supreme Court from the Montana perspective.
We ask you to vote against confirmation of Judge Sonia Sotomayor for associate justice of the U.S. Supreme Court. This is the official position of MSSA.
Sincerely yours,
Gary Marbut, president
Montana Shooting Sports Association
http://www.mtssa.org
author, Gun Laws of Montana
http://www.mtpublish.com
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SOTOMAYOR IGNORANT OF THE LAW
Sotomayor flunks on getting the most basic principle of appellate law wrong – the Standard of Review.
In Huminski v. Haverkoch, 11/5/04, 03-7036 2d. Cir., Sotomayor reveals an ignorance of the law by failing to apply the correct standard of review to an important civil rights case. She found appellate review was for reversible error when the correct standard of review for such a case (summary judgment) is De Novo.
A simple google on, “standard of review for summary judgment de novo” supplies tens of authorities on the issue. I guess Sotomayor would rather be wrong than google on such a rudimentary issue. She also could have assigned her flock of law clerks to research the issue. Further, on a motion for rehearing specifically pointing out her error she did not act and correct it.
Here is the link to the Sotomayor summary order from this case in which she presided over.
google on sotomayor huminski to get links and detail…..