Get ready for a major fight for the future of the Supreme Court. I am confident that anyone that President Trump picks will be great. Many have asked where the different candidates stand regarding the 2nd. Amendment.

This is what we know right now:

BEST CHOICE: Utah U.S. Senator Mike Lee

As reported on Fox News the United States Senator Mike Lee on the Inspection and he has been interviewed by President Trump himself.  For a member of the National Association for Gun Rights, Senator Lee has a strong pro-gun voting record from the U.S. Senate.  Lee voted against all of President Obama’s unconstitutional gun control schemes in 2013.  He’s also stood firmly against other gun control regulations, such as”bipartisan” Feinstein-backed proposals to strip gun rights against law-abiding citizens without due process.

GREAT CHOICE: Judge Raymond Kethledge

Judge Raymond Kethledge currently serves on the Sixth Circuit Court of Appeals serving Kentucky, Michigan, Ohio, and Tennessee since 2008.  If Judge Kethledge’s record on the bench is any indication, he would be an extremely pro-Second Amendment Justice.  Kethledge correctly ruled that mental illness is not a permanent classification that can bar gun ownership for life. He correctly ruled that government has the burden to prove with actual evidence, instead of mere generalizations, that he is presently mentally ill.

Think of the 250,000 veterans who have been already prohibited from owning or possessing a firearm for such reasons or the millions of law-abiding citizens facing permanent blacklisting on the Brady-NICS database.  It demonstrates that Judge Kethledge understands the dangers posed to your rights by unconstitutional laws hastily ushered in by politicians in both parties trying to appease the anti-gun hysteria.

VERY GOOD CHOICE: Judge Amy Barrett

Judge Amy Barrett currently serves on the Seventh Circuit Court of Appeals serving Illinois, Indiana, and Wisconsin since 2017.  Though her tenure on the bench is relatively short, Judge Barrett shows early signs of being a pro-gun and pro-Constitution Justice.  In a printed journal article for Notre Dame Law Review, Barrett praised Justice Antonin Scalia, the author of the landmark pro-gun Heller decision, for his originalist approach to the Constitution.   Though she has yet to rule on any Second Amendment case directly, if Judge Barrett attempts to model herself after Justice Scalia, that is an encouraging first step.

UNCERTAIN CHOICE: Judge Bret Kavanaugh

Judge Brian Kavanaugh currently serves on the DC Court of Appeals, also has deep ties to the Bush Administration.  He is known to have strong establisment ties to the Bushes and Karl Rove.  On the surface, Kavanaugh has sided correctly on two Second Amendment cases, which leaves the door open that he could vote fine on the Supreme Court.  However, several outlets including The Daily Caller, Axios, and The Washington Post have described Kavanaugh as being the”low energy” pick” facing questions” from conservatives.

And questions remain on Whether Kavanaugh left open the possibility that some gun controls are permissible when he stated:”[The Supreme Court left] little doubt that courts are to assess gun bans and regulations based on text, history, and tradition, not by a balancing test such as intermediate or strict scrutiny.”

Though he ruled directly on this situation, what gun bans Kavanaugh thinks would meet that test is uncertain.

As you know, Supreme Court picks frequently turn out to be LESS”pro-gun” or”pro-constitution” once they’re confirmed to the Supreme Court.

Shocking rulings from Bush-appointed Chief Justice John Roberts and David Souter have resulted in less freedom.  Needless to say, no Supreme Court nominee could be guaranteed to rule pro-gun.  But, I am sure you agree, the last thing gun owners want is any doubt upfront on how Trump’s nominee will rule on the Second Amendment.

Sincerely,
Everett “Dirksen” Wilkinson, Chair
National Liberty Federation

 

 


References:
1 = Tyler v Hillsdale County Sheriffs Dept.; No. 13-1876; Decided 9/15/16; Sixth Circuit Court of Appeals.
2 = Barrett, Amy Coney. “Originalism and Stare Decisis.” Notre Dame Law Review. Volume 92, Issue 5, Article 2. 7-2017
3 = Heller v. DC, No. 10-7036; Decided 10/4/11, DC Court of Appeal