Merrick Garland on Guns

Although the ongoing battle between presidential candidates has monopolized the mainstream news cycle, don't forget there's a Supreme Court nomination in contention. As usual, public opinion (and legislative support) is divided along the typical partisan party lines. It remains to be seen whether a Senatorial confirmation vote will be held, but some polls show it's increasingly likely. The majority of Democrats want a confirmation vote, and soon. The majority of Republicans in Congress appear to oppose it.

“Our view has always been a lame-duck president shouldn't make a lifetime appointment,” said Sen. John Thune (R-S.D.) recently. “And that we ought to let the people have their voice heard, which they'll get a chance to do this November…That's the position that our members are committed to.”

Critics counter by citing polls like this one that indicate a majority of Americans (a small majority to be sure) are in favor of a vote.

The National Rifle Association released the following statement concerning the nomination by President Obama of Judge Merrick Garland to fill the late Justice Antonin Scalia's seat on the US Supreme Court. Justice Scalia died in February.

SCOTUS Nomination: Merrick Garland

Merrick Garland on Guns

“With Justice Scalia’s tragic passing, there is no longer a majority of support among the justices for the fundamental, individual right to own a firearm for self-defense. Four justices believe law-abiding Americans have that right – and four justices do not. President Obama has nothing but contempt for the Second Amendment and  law-abiding gun owners. Obama has already nominated two Supreme Court justices who oppose the right to own firearms and there is absolutely no reason to think he has changed his approach this time. In fact, a basic analysis of Merrick Garland’s judicial record shows that he does not respect our fundamental, individual right to keep and bear arms for self-defense. Therefore, the National Rifle Association, on behalf of our five million members and tens of millions of supporters across the country, strongly opposes the nomination of Merrick Garland for the U.S. Supreme Court.” Chris W. Cox, executive director, NRA-ILA

Merrick Garland’s record on the Second Amendment is unacceptable to anyone who respects the U.S. Constitution and an individual’s fundamental right to self-protection.

He is the most anti-gun nominee in recent history. This should come as no surprise, given President Obama’s disdain for the Second Amendment.

He has consistently shown a complete disregard of the rights of law-abiding gun owners.

Garland’s history of anti-Second Amendment rulings support the conclusion that were he to be confirmed he would vote to overturn Heller.

• In 2007, he voted to give D.C. a second chance to have its handgun ban upheld after a three-judge panel struck it down. At the time, this was the most significant Second Amendment case in America.
• In 2004, Garland voted against rehearing another Second Amendment case (Seegars v. Gonzales), effectively casting a vote against the individual right to keep and bear arms.
• Justice Scalia was the author of Heller v McDonald. Heller affirmed that the Second Amendment is an individual right. The Heller decision stands in the way of gun-control supporters’ ultimate goal of banning and confiscating guns.
• If Heller is overturned, the Second Amendment for all intents and purposes would cease to exist.
• In 2000, Garland voted in favor of the federal government’s plan to retain Americans’ personal information from gun purchase background checks despite federal laws prohibiting national firearm registration and requiring the destruction of these records.
• Judge Garland weighed in on several significant firearms-related cases, including Parker, Seegars, NRA v. Reno,. He voted against the rights of firearm owners on each occasion.

The examples of Garland’s disdain for the right to keep and bear arms go on and on, including  in a major case upholding the then-existing Clinton “assault weapons” ban against a constitutional challenge

It’s almost certain that Garland agrees with Hillary Clinton when she said “the Supreme Court is wrong” that the Second Amendment protects an individual right.

In his nomination, President Obama has again placed partisanship and antagonism towards gun owners above the higher callings of his office.

If Garland is confirmed, Obama would be taking America back in time to an era where Supreme Court justices uphold the anti-gun policies of the president. Obama is hoping Garland will overturn the Supreme Court precedent that stands in the way of confiscatory gun control, like the gun ban and confiscation programs implemented in Australia.

You can read more about the nomination from the administration's perspective right here courtesy of the White House Briefing Room.