October 31, 2005


Bush could have picked Kozinski. He could have picked Janice Rogers Brown. either one I'd have been happy with from the start (though happier with Kozinski). So of course he picks Alito. Now I have heard some good things about Alito just not as good as I've heard about Kozinski. Dave Kopel admits to reading tea leaves to determine Alito's views on the 2nd amendment (although the leaves kinda point to him having the right idea) whereas with Kozinski no such divination is necessary. Over at Of Arms & The Law Dave Hardy has more on Alito's decisions involving firearms or closely related subjects. Alito has been compared to Scalia which is definitely better than nothing, but I'd have much preferred a nominee who was comparable to Thomas. Scalia gets it right most of the time, but Thomas usually gets it right even when Scalia takes a dive.

Nothing left to do now but to see what happens in the hearings - both the Seante hearings & the one that the MSM is just starting.

Posted by Publicola at October 31, 2005 01:29 PM | TrackBack

I like the fact that his dissent on U.S. vs Lopez was based on the 10th amendment. How many other gun laws use the commerce clause to cover their tracks? How many laws in general? I believe that if he can render a good decision based on what the Constitution says in this case, he can make the right decision when it comes to 2A.

Posted by: Brass at October 31, 2005 02:17 PM

I have to hitchhike on Brass's comment.

Just as I would caution some "conservatives" to look beyond the abortion issue when considering a SCOTUS nominee, I'd ask my fellow gunnies to look beyond the Second when examining Alito.

The Second is an intersection in a web of interconnected rights. If you see in a nominee's positions or rulings that he or she respects other rights, which form intersections in the web surrounding the RKBA, the nominee will probably rule favorably for RKBA cases as well.

I don't want to enjoy my RKBA in a vacuum. It will be of no value to me if I still have to submit a thumbprint to purchase, or allow searches to verify that I have secure storage for them, for example.

I would have preferred Alex Kozinski too, and have said so in my own pages. But if Alito can be confirmed, take him.

Posted by: Fûz at October 31, 2005 09:13 PM
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