As the Senate considers the nomination of Judge Sonia Sotomayor, Americans have been watching to see whether this nominee – if confirmed – would respect the Second Amendment or side with those who have declared war on the rights of America’s 80 million gun owners, said a release by the National Rifle Association.


According to the NRA, Judge Sotomayor’s judicial record and testimony clearly demonstrate a hostile view of the Second Amendment and the fundamental right of self-defense guaranteed under the U.S. Constitution.


It is only by ignoring history that any judge can say that the Second Amendment is not a fundamental right and does not apply to the states. The one part of the Bill of Rights that Congress clearly intended to apply to all Americans in passing the Fourteenth Amendment was the Second Amendment. History and congressional debate are clear on this point.


Yet Judge Sotomayor seems to believe that the Second Amendment is limited only to the residents of federal enclaves such as Washington, D.C. and does not protect all Americans living in every corner of this nation. In her Maloney opinion and during the confirmation hearings, she deliberately misread Supreme Court precedent to support her incorrect view.


In last year’s historic Heller decision, the Supreme Court ruled that the Second Amendment guarantees the individual’s right to own firearms and recognizes the inherent right of self-defense. In addition, the Court required lower courts to apply the Twentieth Century cases it has used to incorporate a majority of the Bill of Rights to the States. Yet in her Maloney opinion, the NRA said Judge Sotomayor dismissed that requirement, mistakenly relying instead on Nineteenth Century jurisprudence to hold that the Second Amendment does not apply to the States.


The NRA said it believes any individual who does not agree that the Second Amendment guarantees a fundamental right and who does not respect our God-given right of self-defense should not serve on any court, much less the highest court in the land. Therefore, the National Rifle Association of America opposes the confirmation of Judge Sonia Sotomayor to the position of Associate Justice of the United States Supreme Court.