NRA has come out against her confirmation. I doubt this will be enough to stop her from getting on the Court, but it gives NRA something to use in 2010 and 2012 against this Administration. If you want to know why I worked so hard for McCain back in the fall, Sonya Sotomayor is why.
UPDATE: Big question is whether NRA will grade the vote, meaning that Senators will have their vote on Sotomayor factored into their NRA grade when they are up for reelection. I can agree with it going either way, but I tend to either not grading, or grading this one less strongly.
One the one hand, Sotomayor is replacing a liberal dissenter in Heller. There’s no net change in the makeup of the court ideology wise. She’s not likely to be an intellectual leader on the Court, even if she doesn’t believe in the same things we do. Given that we are entirely dependent on support from Democrats to stop anti-gun bills and pass pro-gun bills. Burning political capital grading Sotomayor’s confirmation vote might not be the best idea, and might rub some Dems the wrong way, who have been voting all the right ways on every other issue important to us.
On the other hand, Sotomayor seems to have views that are far outside the mainstream, even refusing to answer a question as simple as whether there’s a right to self-defense. We can be almost certain she’ll vote against incorporation when it comes up, and will be hostile to any application of anything stronger than rational basis when it comes to the Second Amendment. In the Senate we have many Democrats and Republicans who claim to be friends of the Second Amendment. Why not hold their feet to the fire and tell them if they care about the Second Amendment, they’ll won’t show it by putting someone like Sotomayor on the Court?
But in these kinds of matters, you have to be careful not to let your ego write checks your grassroots electoral game can’t cash. Ultimately what you’re threatning politicians with when you grade is losing their seats, and if you do that, you better be able to deliver. If the decision were up to me, I don’t think I’d grade on Sotomayor. These confirmation hearings should show one thing; that we can make the Second Amemndment a major issue, and get a lot of media attention on it. Given that more than 70% of Americans support the Second Amendment, it’s not an issue that Democrats want to be seen as being on the wrong side of.
If we let this fish go, Democrats should now understand that we have a very hot frying pan, ready go cook up the next nominee with a little sauteed Senator and olive oil, if they don’t believe in the Second Amendment as a fundamental right. We’ll give you this one.  But you’re on notice for the next time, especially if it’s one of the Heller five we’re replacing. Oh, and yeah, we’ll hold all Sotomayor’s votes on our issue against Obama in 2012.
There is no indication that McCain would make a better pick, and every indication his pick would as bad if not worst.
McCain would not have picked Sotomayor. His own party would have revolted, like they did with Bush and Harrier Meyers. Interesting the Dems aren’t screaming about Sotomayor, considering she’s no more qualified than Meyers.
Because we have Dems controlling Congress, a real strong conservative might not be possible, but I think McCain’s pick would have been leaps and bounds better than Sotomayor.
McCain is going to vote for confirmation.
I don’t know how the NRA can not grade this vote. Isn’t defending the second amendment their reason for existance? Sure we may lose but you really don’t know till you try.
As for the arguement that the next one will be worse or we’ll fight the next time, that won’t work. Its like begging the robber not to take your wedding ring after he took your wallet and car keys. Giving in only energizes them.
As for the arguement her replacement will be worse, I’m sorry I can’t imagine any worse. There is nothing pro-gun or pro-second amendment in her beliefs or rulings. NOTHING. You can’t get any worse than her. She’s Hillary in a Latina outfit.
If I was running the NRA, I’d come out and say a vote for her is a forever vote against he NRA and gun owners. No quarter and we’ll never forget. That would get McAmnesty’s attention fairly quickly.
Isn’t the Second Amendment the reason for their existance and their core issue? How can the NRA just wave the white sheet and say, “Sure we know she doesn’t know what “shall not be infringed means”, or the people means the people, or that Incorporation is important. But gee-golly, we don’t want to hurt the politicians that vote against our members interest because they are so swell.”
I think they have to grade and fight every future nominee that comes along that shares her views. Let’s be honest, her second amendment views can’t be any worse. Maybe the O will pick a pro-gun justice next time. Odder things have happened. Heck he signed National Park Carry.
Yuck! Sorry. I didn’t clean up my comments before posting. My thoughts and opinions are in there so I won’t re-write it
Here is a report about our friends, the republicans and Sotomayer
http://news.yahoo.com/s/ap/us_sotomayor_senate
“But you’re on notice for the next time, especially if it’s one of the Heller five we’re replacing. Oh, and yeah, we’ll hold all Sotomayor’s votes on our issue against Obama in 2012.”
Exactly right.
And after Sotomayor votes anti-RKBA, NRA should serve notice that playing the evasion game during confirmation hearings when it comes to RKBA will no longer be tolerated.
Only one question … we can’t know the minds of the judges, but even though Kennedy voted for the 2nd amendment in Heller, will he vote for incorporation? How stable is he on the issue? Sotomayor would seem to be a definite “no” on incorporation, but is it possible that Kennedy will be as well? If so, if Sotomayor takes her seat on the court, we may be permanently screwed on incorporation.
Just a thought … I have no insights as to how Kennedy thinks on this, but he is definitely the swing vote.
On the other hand, maybe now that the individual right question is settled, one or two of the other judges will have too much conscience to vote against incorporation, even if they voted against the individual. They are two separate questions, with the incorporation one seemingly difficult to argue against.
Democrats should now understand that we have a very hot frying pan, ready go cook up the next nominee with a little sauteed Senator and olive oil
Yeah, ok. After the NRA’s actions vis-a-vis Eric Holder, only thing I can say to that is:
“I’ll believe it when I see it. Not a fraction of a second sooner.”
I don’t know how the NRA can not grade this vote. Isn’t defending the second amendment their reason for existance? Sure we may lose but you really don’t know till you try.
There are consequences for grading. Think of it like an axe. Every time you chop a piece of wood with it, it gets a little more dull, and each piece of wood gets progressively more difficult to chop, until you can resharpen the axe.
That resharpening can only happen every two years for Congressmen, every six years for Senators, and every four years for President. And that’s only if you’re sharpening stone is in good shape and sufficiently wetted. The sharpening stone is us, the grassroots. The people who go out and vote for pro-gun politicians and against anti-gun politicians. That part only we can do.
We’ve had several issues that you could describe as “soft wood.” come up, where swinging was a no brainier. The National Park carry amendment attached to credit reform. The wood was there, looked soft, swing, clean split. Good result for us. National Concealed Carry might be another.
But Holder and Sotomayor are a hard wood. Actually, more like stone. There’s a chance if we take a hard enough swing, we’ll break the stone, but a considerably higher chance we’ll ruin the axe, and we don’t know whether we’re going to have some hard wood coming up.
Holder and Sotomayor are stone because the votes aren’t there to defeat them, and it’s not likely there’s enough votes that can be turned to make up the difference. You can know beforehand whether you’re looking at a hard wood or stone.
There are times when you need to take a swing at stone. If this were Kennedy being replaced, we’d have to take a swing and just hope it breaks. But she’s replacing Souter. Being not even halfway through your pile of wood and having no axe is not a situation I want to be in.
There is no indication that McCain would make a better pick, and every indication his pick would as bad if not worst. (sic)
Explain to me how his pick would be worse? The names on his legal advisory team that I can just remember off the top of my head include Eugene Volokh, Sandy Froman, and Jim Warner. No staffer or advisor would have even allowed a non-pro-2A judge to make it past initial interviews.
I look forward to an expanded review of McCain’s advisors, staff, and other likely legal influentials to explain why his pick would have been worse. Otherwise, I presume you personally do not like John McCain and really have nothing else to add other than your disdain for him on a personal level.
Often I regret voting for Ross Perot, the nutjob from TX. Occassionally, I’m glad I did because Pres. Bush 41 was not a friend of taxpayers or gun owners. This is one of those times.
Pres. Bush 41 nominated Souter. Souter was such an ungrateful arse that he waited until Obama was elected to step down. i’m sure Pres. Bush 41 and 43 appreciated that.
Pres. Bush 41 also nominated Sotomayor to the District Court in 1991 and started her Judicial career.
Thanks Pres. Bush 41.
Now that the Republicans have caved, there is no sense in the NRA getting involved. Why fight a fight where you will lose? So I agree about not using the ax, other than to wave it around.
I think the arguement that “next time, we’ll fight” is a weak one though. What will be different next time? Next time might be a Conservative? The Dems play for keeps; the Republicans play court jester. Next time, everyone will regret giving the Dems a pass on this nominee.
Great analysis Sebastain and Bitter…..
So if I think something is bad for America, I can wait until the very last minute to voice my opposition so that it won’t matter and then I can use that weak ass opposition to say I’m great later on. If all NRA members are this weak minded, it’s no wonder the NRA has lost it’s teeth.
Of course the NRA won’t grade this vote, they never do on anything important. The fact that people keep giving money to this nutless group is a prime example of why our elected Tyrants can do whatever they want without fear.
With all that said, we should put the blame where it really belongs. On the eighty-million gun owners and other Americans who fail to do their duties as citizens. Imagine the Congress receiving eighty-million plus actual letters. Better yet imagine the sight of eighty-million plus people, united in purpose, outside of the halls of Congress. It’s so easy to blame the other guy when in fact, we’ve done nothing ourselves.
The NRA is grading this vote, theaton. And you know what? It still won’t be enough to stop Sotomayor. If we wanted to stave off this eventually the time to get motivated was back in November, but many couldn’t be bothered because McCain wasn’t good enough for them. Well, I hope they like the Hope and Change.
Mike123 gives Presidents way to much power. The President only nominates the person, the Senate confirms or doesn’t.
Anybody that thinks John McCain is a friend to gun owners and Conservatives has no grasp of McKennedy’s record.
The hope and change is waking many in this country up. A McCain Presidency would have caused another 4 years of Republican apathy.
You name one thing that the NRA has championed to protect the Second Amendment? I’m talking championed, not ridden on the coat tails of. They tried to kill Parker (later Heller) before it even got started. They fully supported the veterans disarmament bill. If I remember correctly, they supported or at least didn’t oppose the Sullivan appointment.
People are free (mostly) to do what they want with their money. I don’t care if you want to give money to Wayne and an organization that he has all but destroyed. When that organization does things that infringes on my rights, I will, until we allow the first amendment to be destroyed, speak out about it.