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What does Supreme Court Justice Nominee Brett Kavanaugh Stand For Regarding the Second Amendment?

As is the duty of many presidents, whenever a Supreme Court Justice vacancy opens up in the highest court in the land, a new Justice must be chosen. As it so happens, President Trump has just gone through this process for the second time in his presidency and his choice is Brett Kavanaugh from Washington D.C.

So who is Brett Kavanaugh? What are his stances, specifically on the important subject of gun rights? Well let's take a look to see what our fellow gun lovers might like about this new nominee and if there is anything that might be considered a red flag to the second amendment.

THE HELLER DECISION

Brett Kavanaugh has a long history of vocal gun rights opinions, most of which came into play during the Heller decision when he was an appellate judge for the District of Columbia and continued in the following years of gun control attempts by the D.C. and Federal Governments.

Perhaps his biggest moment that left no thoughts as to where Kavanaugh's Second Amendment sympathies lie was in 2011 when Judge Kavanaugh was voted down 2-1 in a case that has come to be known as “Heller II.” This case brought about incredibly stringent semi-automatic rifle bans on D.C. and Judge Kavanaugh was none too happy about it.

Kavanaugh believed that this round of gun control was unconstitutional and actually cited the earlier Heller decision as a reason for why the new law shouldn't go into place. His statement reads as follows.

In Heller, the Supreme Court held that handguns—the vast majority of which today are semi-automatic—are constitutionally protected because they have not traditionally been banned and are in common use by law-abiding citizens. There is no meaningful or persuasive constitutional distinction between semi-automatic handguns and semi-automatic rifles. Semi-automatic rifles, like semi-automatic handguns, have not traditionally been banned and are in common use by law-abiding citizens for self-defense in the home, hunting, and other lawful uses. Moreover, semi-automatic handguns are used in connection with violent crimes far more than semi-automatic rifles are. It follows from Heller's protection of semi-automatic handguns that semi-automatic rifles are also constitutionally protected and that D.C.'s ban on them is unconstitutional. (By contrast, fully automatic weapons, also known as machine guns, have traditionally been banned and may continue to be banned after Heller.)

You can definitely see where the judge is coming from here. Holding rifles to a higher standard than pistols just lacks the common sense that Kavanaugh has forged his career on upholding.

KAVANAUGH'S OTHER STANCES

While Kavanaugh's biggest gun-related cases were regarding Heller, he has also used his dissents and other cases to make further pro-gun statements. Kavanaugh believes that AR-15's should not be banned, magazine capacity limits should not be implemented, and strongly disagrees with even the language of “Assault Rifle” stating “[I]t is the person, not the gun, who determines whether use of the gun is offensive or defensive.”

Kavanaugh also believes that few government objectives are more important than fighting violent crime. He added in making this statement that there are some laws while not included in the constitution, have been added to help rid the country of this scourge, including the original Heller Decision as Kavanaugh noted in his statement.

All things considered, Kavanaugh appears to be a fellow who is going to fight for gun rights, but even he has stated that he is still beholden to the constitution and his decisions must be based off of the document itself. Why not let the Judge explain it himself?

“The hard fact is that sometimes we must make decisions we do not like. We make them because they are right, right in the sense that the law and the Constitution, as we see them, compel the result.”

So what do you think of what you're hearing of Brett Kavanaugh? Do you think he's going to make a good Supreme Court Justice or do you want the Senate to get together and attempt to block him? Let us know what you think in the comments below.

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34 Responses to What does Supreme Court Justice Nominee Brett Kavanaugh Stand For Regarding the Second Amendment?

  1. Darkwing July 12, 2018 at 5:28 am #

    Question is can we trust him, these people swing both ways, just like all elected people and court appointed.

    • David Akerson July 12, 2018 at 4:39 pm #

      Judge Kavanaugh deserves immediate confirmation to be seated on the Supreme Court. And please hurry!!!!

  2. Constitutionalist July 12, 2018 at 4:34 pm #

    Can only go by his history. He claims to be a Constitutionalist and an originalist. As long as he protects and defends the Constitution he’ll be the pick we need. Now we just need for Ruth Bader Ginsburg to retire (one way or another) so we can have a strong court for many years and make the libbies cry.

    • Rich M July 14, 2018 at 5:20 am #

      I don’t need to see them cry. I would prefer they just leave. I would gladly contribute to a fund that provides transportation for them to places like Venezuela – a real Socialist Utopia.

      • Bill O July 16, 2018 at 7:33 am #

        I think there was at least one Supreme Justice proclaiming to leave the country if Trump were to be elected. All of these people (especially the Hollyweird elitists) should uphold their promises.

  3. Jeeplover322 July 12, 2018 at 4:50 pm #

    So far I think he is a great nominee, I don’t think the Supreme Court Justice should be a position of right or left, republican or democrat, decisions should be based on the Constitution of the United States. From what I have heard concerning Mr Kavanaugh he will base decisions on the Constitution and not try to legislate from the bench as so many Justices have during the 20th century and beyond. It probably even happened before but not being a student of the law I only know what has happened during my life time. I am for Mr. Kavanaugh’s confirmation.

  4. Harding Dies, LT, SS, SC, USNR (Ret) July 12, 2018 at 4:58 pm #

    Confirm.

    • John L. McCue July 13, 2018 at 12:57 pm #

      John L. McCue, PO1, SS USN (Ret) I agree with you Confirm

  5. Al Clarke July 12, 2018 at 5:02 pm #

    The law and the Constitution as written an as the founders intended is all I ask

  6. Joseph Krol July 12, 2018 at 5:03 pm #

    He should be confirmed ASAP.

  7. T Phelps July 12, 2018 at 5:04 pm #

    I think just like judge Kavanaugh and have the same opinions.

  8. Bill Eads July 12, 2018 at 5:04 pm #

    It is definitely time for a strong Constitutional Judge on the Supreme Court of the United States.

  9. Dee Jay July 12, 2018 at 5:08 pm #

    Confirm

  10. Michael Liptrot July 12, 2018 at 5:18 pm #

    The better of many regarding the 2nd Amendment.
    Confirm

  11. Michael Liptrot July 12, 2018 at 5:21 pm #

    I like him and how he thinks!

  12. Warren Cohen July 12, 2018 at 5:42 pm #

    Based on the information available at this time it appears that Brett Kavanaugh will apply the Constitution as it was written using the meaning of the words as they were used at the time the Constitution was written. This is all we can ask of a Justice of the Supreme Court.

  13. Flynn Duane Case July 12, 2018 at 5:47 pm #

    I hope he is confirmed.
    Unfortunately the liberals and the national media will attack him for no other reason than they hate Trump.

  14. scott clapper July 12, 2018 at 6:44 pm #

    A Republican-dominated Supreme Court (SC) gave us Roe v Wade, homosexual marriage and Obamacare. In fact, Republican appointments have dominated the SC for the last 45 years. All of this talk about Republican presidents appointing pro-life, constitutionalist, originalist justices is just so much hot air.

    Republican presidents have given us William Brennan, John Paul Stevens, Harry Blackmun (the man who authored Roe v Wade), Anthony Kennedy (the man who gave us homosexual marriage), and John Roberts (the man who gave us Obamacare). Trump’s appointment of Gorsuch (the man who made it illegal to deport illegal alien criminals) and now Kavanaugh are likewise in the mold of the above justices.

    Kavanaugh is a favorite of the establishment. Judge Andrew Napolitano rightly called Kavanaugh a “swamp pick.” He said that Kavanaugh was the “heart and soul of the DC establishment.” He said that Kavanaugh is “a big government guy.” Napolitano also quoted Kavanaugh as repeatedly saying that “the President [ANY President] can do no wrong.”

    Judicial Watch founder, attorney Larry Klayman, wrote this:

    Judge Kavanaugh either has no respect for the Fourth Amendment of the Constitution, or he was unethically attempting to curry favor with the Republican establishment, exemplified by former President George W. Bush and his administration, which Kavanaugh had worked for as staff secretary in the White House Counsel’s office. President Bush and his Vice President Dick Cheney, not coincidentally, had also put in place this mass surveillance, using September 11 as the pretext.

    Kavanaugh obviously understood that his aspirations to someday become a Supreme Court justice would depend on his close ties to this Republican Bush-Cheney establishment, who would someday, if the chance arose, push for his nomination. And, indeed this came to pass in the last weeks, after Kavanaugh’s mentor who he clerked for in his early career, Justice Anthony Kennedy, announced his retirement from the Supreme Court. The swamp creatures of this slimy Republican establishment . . . pushed The Donald to name Kavanaugh as the next SCOTUS justice.

    That ALONE should tell you all you need to know. But it’s actually worse than that. Kavanaugh, like Roberts, is a totally controlled toady of the Deep State.

    Kavanaugh helped Ken Starr cover up the Deep State’s murder of former Bill Clinton legal counsel Vince Foster. To quote Joel Skousen:

    The Vince Foster cover-up wasn’t a simple case of an erroneous conclusion based upon weak evidence. This was a full blown conspiracy to intimidate witnesses that proved the official version was a lie. As Starr’s deputy, there is no way that Kavanaugh could not have known that there was a cover-up and conspiracy going on.

    Kavanaugh will always be subject to the blackmail of “you knew what Starr did to Patrick Knowlton [the key witness exposing the Deep State conspiracy that killed Foster], and you went along with it.” That also implies a more lethal threat of “you know what they did to Vince Foster when he got cold feet about protecting the Clintons.”

    Trump’s appointment of Kavanaugh tells me that Donald Trump is completely controlled by the Deep State—all of his rhetoric to the contrary notwithstanding. As Skousen notes, Kavanaugh is neck-deep in the Vince Foster cover-up. Accordingly, there can be no doubt that Kavanaugh is owned by the Deep State. And Trump’s appointment of Kavanaugh means that Trump is owned by the Deep State. Always remember that being controlled by the Deep State does not mean that it controls every decision or every vote you make; it simply means that the Deep State has enough power and influence over you that when it needs you to submit to its wishes on a particular decision or vote (such as Judge Roberts’ Obamacare vote and Trump’s appointment of Deep State puppet Brett Kavanaugh), you WILL comply.

    As to the life issue, pro-life organizations across the country are lauding Kavanaugh as staunchly pro-life. These endorsements don’t impress me at all. Most of the national “pro-life” (and “Christian”) organizations are unabashed sycophants of the Republican Party. Furthermore, they adamantly refuse to support the only pro-life bills that would actually STOP abortion: personhood bills such as the one repeatedly introduced in the U.S. House of Representatives by former congressman Ron Paul.

    If passed, Ron Paul’s Sanctity of Life Act would have defined life as beginning at conception and under Article. III. Section. 2. of the U.S. Constitution removed abortion from the jurisdiction of the court, thereby overturning Roe. Yes, the pro-life Republicans in Congress—along with a pro-life Republican President—could overturn Roe v Wade anytime it wanted to. Saying they must wait for a Supreme Court decision overturning Roe is simply a way for cowardly congressmen and presidents to pass the buck and still claim to be “pro-life” at the same time.

    The truth is, national “pro-life” groups can no more afford for Roe v Wade to be overturned than national help-us-find-a-cure-for-cancer groups can afford to find a cure for cancer. These groups make millions of dollars “fighting” abortion. If anything, these national “pro-life” groups want to make sure that Roe v Wade is NOT overturned so they can maintain their multimillion-dollar enterprises, while at the same time convincing their gullible donors that they are truly trying to rid the country of legalized abortion. P.T. Barnum could not have cooked up a better scam.

    That Kavanaugh has ruled in favor of certain restrictions on abortion “rights” is no indicator that he would do anything to reverse Roe v Wade. In fact, Kavanaugh is on record as saying he respected the government’s “precedent” (Roe v Wade decision) on abortion. Pro-life organizations are using the Garza case to prove Kavanaugh’s commitment to the right to life, but they are conveniently overlooking the fact that in this decision Kavanaugh said the government conceded the teen’s right to an abortion but simply stated that delaying the abortion “did not pose an undue burden on that right.”

    For 45 years, wishy-washy Republicans have bragged about being “pro-life” and have voted for all kinds of compromised “pro-life” bills that have done absolutely NOTHING to overturn Roe v Wade and stop the slaughter of over 60 million unborn babies. Kavanaugh was a clerk for Anthony Kennedy and rose to power in the rabid neocon administration of G.W. Bush. His pro-life credentials are mired in compromise.

    Kavanaugh is also being heralded by gun groups for supporting the pro-Second Amendment Heller decision. But Kavanaugh himself said that the Second Amendment right to keep and bear arms could be regulated and restricted by State and Federal law as long as these regulations and restrictions did not take away the right (the Second Amendment) completely. That’s hardly a strong pro-Second Amendment position.

    Yes, radical leftists will vehemently protest Kavanaugh’s appointment. (It is the right that should be protesting, and a few will. Senators Rand Paul and Tom Cotton have already expressed reservations.) But the cacophony of protests from the left means NOTHING. The Deep State doesn’t care about the protestations (or the agendas) of the left or the right. All it cares about is putting people in power that they can control—and Kavanaugh fits that job description perfectly.

    Like I said, Trump’s appointment of Brett Kavanaugh to the U.S. Supreme Court is just more of the same.

    P.S. I highly commend Donald Trump for issuing presidential pardons to Oregon ranchers Dwight and Steven Hammond. This might be the best decision of Trump’s presidency to date—a whole lot better than his SCOTUS pick. Trump’s clemency of the Hammonds overturns an egregious injustice committed against the father-son ranchers by corrupt federal agencies. Throughout their whole ordeal, the Hammonds conducted themselves with dignity and grace. Such cannot be said for the agents of the federal government who behaved more like mafia gangsters than protectors of law and order. This presidential pardon was long overdue.

    P.P.S. I am VERY excited about a new book written by Christopher Bollyn entitled The War On Terror. I have read and reread it; and I believe this is one of the most important books written in recent memory. The book connects the dots between the 9/11 attacks and America’s perpetual “War on Terror.”

    This book needs to be read by every single American. If it was read and taken to heart by enough people, this book could literally change the course of history and save our republic. The full title of the book is The War On Terror: The Plot To Rule The Middle East.

    From the book’s back cover:

    The government and media have misled us about 9/11 in order to compel public opinion to support the War on Terror.

    Why have we gone along with it? Do we accept endless war as normal? Are we numb to the suffering caused by our military interventions?

    No. We have simply been propagandized into submission. We have been deceived into thinking that the War on Terror is a good thing, a valiant struggle against terrorists who intend to attack us as we were on 9/11.

    Behind the War on Terror is a strategic plan crafted decades in advance to redraw the map of the Middle East. 9/11 was a false-flag operation blamed on Muslims in order to start the military operations for that strategic plan. Recognizing the origin of the plan is crucial to understanding the deception that has changed our world.

    After selling out, we have now been resupplied with this blockbuster new book.

    If you don’t read any other book this year, read Christopher Bollyn’s The War On Terror. Orders for this book are coming in as fast as we are being supplied, so I suggest you order quickly. And after reading this terrific book, I’m sure you will want to order copies for friends. EVERYONE needs to read this book.

    Order Christopher Bollyn’s investigative masterpiece here:

    The War On Terror: The Plot To Rule The Middle East

    © Chuck Baldwin

    • Bill O July 16, 2018 at 7:37 am #

      Rambling comments from someone trying to sell books. Blah Blah Blah

  15. Jimbo July 12, 2018 at 7:27 pm #

    I agree, Confirm.

  16. DOUGLAS BARKER July 12, 2018 at 7:30 pm #

    While only the future will tell which direction he will go on any issue, his past track record shows that he strongly believes in the Constitution and he seems to interpret that very similar to how most conservative Americans do. I don’t think we can ask for more than that for a Supreme Court Nominee.

  17. Roger Reichenbach July 12, 2018 at 7:36 pm #

    I like his past decisions and hope he will continue to be on our side.

  18. Brian M Tillotson July 12, 2018 at 8:17 pm #

    Confirm the appointment to the Supreme Court

  19. Lora July 12, 2018 at 8:30 pm #

    Please confirm Justice Kavanaugh

  20. Spider911 July 13, 2018 at 12:18 am #

    Confirm

  21. DaveB July 13, 2018 at 2:10 am #

    The basic constitutional premise is the separation of powers. The court’s existence is to interpret that document as it applies to the law implemented by the legislature and define the law as acceptable or not. I believe Kavanaugh is a purest. He believes the constitution is the protection against undue government oppression and tyranny, not a living document to be swayed by the current liberal social opinion or agenda. This is why the left is so fearful of his confirmation.

  22. Donald L. Taylor July 13, 2018 at 3:45 am #

    Don Taylor

    Confirm the judge.

  23. jeffjet July 13, 2018 at 5:29 am #

    These people that are on the federal bench are supposed to judge the law, not make the law. I can appreciate his position shared on gun control because he refers to the basis of our laws; the US Constitution. It would be my belief that he would do the same when it comes to other law cases that reach the court. I think he should be confirmed.

  24. Jeanice Kett July 13, 2018 at 5:54 am #

    Confirm

  25. Conita Rogers July 13, 2018 at 6:58 am #

    Confirm. We need constitutionalists who are making decisions that are in line with citizens rights.

  26. johnguyer1 July 13, 2018 at 7:31 am #

    I believe he will follow the law and constitution I think he should be confirmed don’t let the negative people ruin this country.

  27. Joe Carey July 13, 2018 at 9:22 am #

    Confirm!

  28. Sharon Pleasants July 13, 2018 at 9:29 am #

    He’s a good choice on multiple issues. Confirm.

  29. Donal Campbell July 13, 2018 at 12:04 pm #

    Does the Name “”STAR”” ring a bell with anybody??????

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