Obama Supreme Court nominee's record on guns in the spotlight

[SecularMotion]

Conservative groups are focusing on Judge Merrick Garland’s record on gun control, which will take center stage in the acrimonious debate over President Obama’s newest nomination to the Supreme Court.

Some Republicans predict his record could make it tougher for Democrats from pro-gun red states to offer a full-throated defense of Garland.

The Judicial Crisis Network, a conservative-leaning group that will help lead the opposition to Garland’s nomination, is taking aim at Garland’s skepticism of a decision to overturn Washington, D.C.’s handgun ban nearly ten years ago.

Garland voted in 2007 as a member of the D.C. Circuit Court of Appeals to rehear a decision by a three-judge panel of the circuit court that struck down the handgun ban. He voted with three other judges on the circuit to rehear the case en banc, or as a full panel. The court, however, declined to do so by a 6-to-4 vote.

http://thehill.com/homenews/senate/273224-obama-nominees-record-on-guns-in-the-spotlight

[still_one]

1. and that is fine, but at least they should have a hearing and vote on him

[razorman]

2. I'm not sure that his views on guns matter much at the moment.

I am not aware of any gun control issues pending before the SCOTUS. A Justice's views are only relevant in concern to cases that are going to appear before them. In the past, the Supreme Court has been very reluctant to take on gun rights cases, perhaps because of their political volatility. Aside from that, it is a loooong process to take a case from lower courts to SCOTUS. Meanwhile, because of their respective ages, we are very likely to lose two or three more Justices, who will probably be replaced by the next president. The fight is far from over.

[Jackson3000]

4. There are several floating around

That could potentially move up in the next year or two. Peruta, for example.

[razorman]

6. Do you think they have a serious chance? After all, the SC has historically been

"gun shy" about taking on these cases. (Pardon the pun)

[TeddyR]

3. The next gun control issues that I could see before the Supreme Court

Are the legality of state bans on "assault weapons" and magazine limits. It wouldn't surprise me if the Court, regardless of who is on it, upholds those types of laws. The other issue that the Court may have to decide is the level of scrutiny that courts should apply to gun control laws. None of those cases necessarily give the court an opportunity to overturn Heller. I'd be surprised if Merrick decided to overturn Heller in any event. And the fact that he voted for rehearing on a case doesn't mean he would have reached a contrary conclusion (though he certainly might have).

[Eleanors38]

5. Fine by me. Let's have a hearing.