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« NRA on a roll in Florida | Main | New York City cooking crime books? »

Law prof's caution on Alito

Posted by David Hardy · 3 November 2005 08:55 AM

A pro-Second Amendment law prof emailed me:

Don't bet the farm.

Jodge Alito would give Congress the green light, under the commerce clause to regulate - BAN - firearms "if Congress as a whole or even one of the responsible congressional committees had made a finding that intrastate machine gun possession, by facilitating the commission of certain crimes, has a substantial effect on interstate
commerce."

There has never been any requirement that Congress make "findings" that are true or even supported by evidence. And no court will second-guess Congress on the issue of "substantial[ness]" of the effect.

This is a GIANT loophole in the record of a Judge from anti-gun New Jersey who has never spoken directly on the issue of firearms or the Second Amendment.

His record provides no positive basis to suppose he's pro-Second Amendment. He might be, he might not.

· contemporary issues

1 Comment | Leave a comment

Poshboy | November 3, 2005 12:17 PM | Reply

It will be interesting to see which Senator, and in what way, questions Alito on the Rybar case. You know Schumer and Feinstein will not let an anti-2A argument pass, and they have to be salivating over questioning a Republican judge about a pro-machine gun decision.

I saw VPC put out a primer on Alito today, accessible via www.vpc.org/alito.pdf. The usual selective quoting, but I bet every Dem Judiciary Cmte staffer now has a copy.

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