At her confirmation hearings today, Sen. Dianne Feinstein griped about recent Supreme Court decisions (Keller, McDonald yesterday) and the growing gang violence in her state.
Kagan responded:
Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be “settled law.”
[…]
Kagan responded [to Feinstein] that “once a court decides a case as it did, it’s binding precedent.” And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.
Uh huh. Trying to cover her ass but I don’t necessarily believe her. I’m sure that all that has to happen is for two city mayors (from, er, DC and Chicago) to start whining about their crime rates and she will decide those “precedents” are “unworkable.”
Meanwhile, a liberal over at FireDogLake blathers:
I think I can lend my support to the Second Amendment right to bear arms. However, since many who vocally argue for gun rights argue that it’s what the Founding Fathers wanted and we should read the Constitution not as a historical document but a perfect framework for the problems we confront in this day and age, we should take them at their word. The Founding Fathers had muskets to defend their homes, and that’s what we should have. You know, those old-fashioned firearms you see in movies, where people had to load gunpowder and bullets before they took a shot. Then you actually had to think before you took aim. There was no such thing as handguns or automatic rifles, and I doubt the Founding Fathers had the ability to divine the future to guess what their role in our twenty-first century society would be. Therefore we should take a historical approach to gun ownership in homage to the real rights granted by the Constitution and Bill of Rights.
Oh, okay. Let’s interpret the 1st Amendment like-wise. The Founding Fathers could not have envisioned movies, TV, the Internet, iPhones, etc. Therefore, freedom of speech should apply only to newspapers. In addition, those Founding Fathers were rather prudish so forget printing anything even remotely “racy.”
Fair’s-fair.