Sotomayor Takes Axe to Second Amendment



Sotomayor Takes Axe to Second Amendment 
— Won’t answer whether she believes there’s a right to self-defense 

Gun Owners of America E-Mail Alert 
8001 Forbes Place, Suite 102, Springfield, VA 22151 
Phone: 703-321-8585 / FAX: 703-321-8408 

Wednesday, July 15, 2009 

The U.S. Senate must vote NO on Judge Sonia Sotomayor! 

In defending her decision that the states could enact any form of gun 
control they wished — with absolutely no regard to the Second 
Amendment — Judge Sonya Sotomayor has developed a new love for 
Nineteenth Century court opinions. 

Demonstrating that she was programmed in her responses, Sotomayor 
defended one of her earlier legal opinions by citing “footnote 
23″ of Justice Antonin Scalia’s opinion in the DC v. Heller case 
last year. 

But, when pressed by questioner Orrin Hatch yesterday, Sotomayor could 
not recite the contents of that footnote or the holdings of the cases 
which it cited.  As it turns out, the footnote on which Sotomayor 
claims to rely, cited — without approval — two Nineteenth Century 
cases which rejected the notion that the Second Amendment was 
‘incorporated’ to apply to the states. 

But those were also the days when the Supreme Court held that the 
rights protected in the First Amendment did not apply to the states.   
Apparently, Sotomayor wants to base her anti-gun philosophy on 
antiquated decisions from an era when the U.S. Supreme Court was 
spitting out racist decisions. 

Her answers got even worse today when Republican Senator Tom Coburn of 
Oklahoma asked her, point blank, “Is there a constitutional right 
to self-defense?”  Sotomayor said that was an “abstract 
question” and that she couldn’t think of a Supreme Court case that 
addressed that issue. 

Coburn said he didn’t want a legal treatise on what Supreme Court 
holdings have said, rather, he wanted her own personal opinion.   
Sotomayor would not answer the question, although when pressed, she 
equated self-defense with vigilantism! 

Folks, do you see how important it is to stop this nomination?  GOA 
mailed its members postcards opposing Sotomayor not too long ago.   
Please make sure you have mailed those in.  We need a multi-pronged 
offensive right now where our Senators are receiving snail mail, email 
and phone calls. 

And, we need ALL PRO-GUN ORGANIZATIONS to take a stance AGAINST this nominee. 

Organizational spokesmen can talk a good game and say they have serious 
“concerns” about Sotomayor.  That’s all well and good.  But 
unless those organizations (big and small) rate each Senator’s vote on 
Sotomayor — when she’s clearly anti-gun — then those supposed 
“concerns” are just meaningless. 

Senators have to hear from ALL the pro-gun organizations — big and 
small — that they are going to rate this vote during the 2010 
election.  Otherwise, those organizations are just Paper Tigers. 

We can’t let this anti-gun judge infiltrate U.S. Supreme Court!  She is 
dangerous on so many levels — but, especially, on Second Amendment 

GOA considers her nomination to be of the most important gun votes in 
the HISTORY of the US Senate.  We can’t think of any other nominee in 
recent history who has taken such a horrid stand on the basic right of 

She says that she will follow the precedent in the DC v. Heller (2008) 
case.  But even if she does, that only means that she will vote to 
apply the Second Amendment in Washington, DC.  She has already ruled 
this year in Maloney v. Cuomo that the amendment doesn’t apply to where 
you live. 

— Tim Macy, Vice-Chairman of Gun Owners of America 

ACTION:  We need to “pull out the stops” to defeat this 
nominee.  Please contact your two U.S. Senators today and urge them to 
VOTE NO on Judge Sonia Sotomayor. 

Please use the Gun Owners Legislative Action Center at to send your Senators the 
pre-written e-mail message below. 

—– Pre-written letter —– 

Dear Senator: 

Even though President Obama is extremely anti-gun, I still started with 
an open mind regarding his nomination of Judge Sonia Sotomayor.  But 
after her testimony these past two days, there is no way that she 
should be confirmed to the U.S. Supreme Court. 

When asked by Senator Tom Coburn if there was a right to self-defense, 
Sotomayor said that was an “abstract question.”  Sotomayor 
would not answer directly, although when pressed, she equated 
self-defense with vigilantism! 

How can the Senate confirm a judge to the U.S. Supreme Court who does 
not believe in the rights that are EXPLICITLY stated in the Bill of 

I also want you to know that Gun Owners of America will heavily score 
any vote related to the nomination of Judge Sonia Sotomayor — whether 
it’s a vote on cloture or final passage — for its rating in 2010. 

Moreover, GOA is going to publish its rating so that millions of 
Americans can see how their Senators voted on this most important vote. 

GOA has told me that it considers the Sotomayor nomination to be one of 
the most significant gun votes in the HISTORY of the US Senate, as 
there has been no other nominee in recent history who has taken such a 
horrid stand on the basic right of self-defense. 



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