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Thursday, August 15, 2013

Senate Democrats Move to Reverse Supreme Court’s Heller decision

District of Columbia v. Heller, 554 U.S. 570 (2008), was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes, such as self-defense within the home.
Anti-Gun senate Democrats want to stack the Supreme Court so they can reverse that decision.

Senate Democrats Move to Reverse Supreme Court’s Heller decision
by GunOwners.org


Reid-Leahy move would gut the Second Amendment in the eyes of the courts

Having failed to get gun control passed in the Senate, Democrats are now making a last ditch effort to reshape the Supreme Court.

Well, we hate to say it, but we predicted this would happen.

You remember when Harry Reid was threatening to destroy the Senate filibuster in January -- and later in July -- in order to approve Leftist Obama-supported nominees?

You remember, at the time, we said that, if Reid “pulled the trigger” on this so-called nuclear option to destroy the filibuster in some cases -- thus eliminating the need for Reid to garner 60 votes some of the time -- there would be no impediment to Reid doing anything he wanted with 50 votes (plus Biden) in other cases?

And you remember we said that it wouldn’t take long before Reid tried to limit the filibuster and use a mere 50 Democratic votes to approve other things as well -- like an anti-gun Supreme Court justice to replace Supreme Court “swing vote” Anthony Kennedy?  The immediate ramification of such an appointment would be to overturn the Heller case (which held that the Second Amendment is an “individual right,” not just the right of a state to raise a militia).

Finally, you remember that Harry Reid said, at the time, that his shady precedent would just apply to Executive Branch nominees, not judges?

Well, it hasn’t taken long for his lie to be exposed.

The anti-gun Democratic Chairman of the Senate Judiciary Committee, Patrick Leahy (D-VT), has just called for blowing up the Senate rules to approve judges with 50 votes.  See Roll Call, “Leahy Eyes ‘Nuclear Option’ Threat to Confirm Judges,” (August 2, 2013).

Although Leahy doesn’t explicitly say so, this would eventually include Obama’s prospective anti-gun replacement to the 80-year-old Kennedy -- and would mean that the Second Amendment, in the eyes of the courts, would no longer exist.

Again, Justice Kennedy cast the deciding vote on the 5-4 Heller decision.  So, if he is replaced by an anti-gun Obama nominee, Heller is gone.

http://gunowners.org/alert08142013.htm

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