1 week, 4 days ago
Ramesh might have thought he was doing someone a favor in posing this list, a list he apparently thinks is easy.
Here is his setup.
The Brady Campaign to Prevent Gun Violence sent out a press release today with four proposed questions for Judge Gorsuch’s confirmation hearing. The questions don’t seem to me to be either illuminating or challenging. Here they are, stripped of prefatory language:
1.) Do you agree that the 2nd Amendment right is not unlimited or absolute, that it does not trump other constitutional rights, and that it is subject to reasonable limitations for public safety?
2.) Do you believe current federal law requiring Brady background checks for gun sales from licensed dealers, and prohibiting certain people from completing gun purchases, is constitutional?
3.) Do you believe that the 2nd Amendment protects gun owners and/or gun industry participants with immunities or protections from liability for negligence?
4.) Do you believe states have the ability to develop gun laws to keep their citizens safe?
He pans the list as not being very good or smart on the part of the Brady bunch, because he has easy answers, and Gorsuch should listen to them, or something.
1) Yes, I agree. 2) It would be improper to commit to rule in particular ways on issues that may come before the Court. 3) Statutory protections already in law are certainly constitutional, and will likely make the question of whether the Constitution itself confers any protections from liability moot. 4) Yes, within constitutional limits.
Well, these answers would be a massive problem for Gorsuch in terms of the opinions of gun owners, most of us anyway, and would be just fine with the Brady bunch except for the third one, and the fact that Ponnuru thinks these answers are easy or obvious just shows the gaping divide between Northeastern progressives (and beltway dwellers) and the rest of red state America.
So here are my answers: (1) No, (2) No, (3) Yes, unless it pertains to gun owners negligently shooting others, not including stand your ground laws (here the Brady campaign is disingenuous because they intend to include the right to hold gun manufacturers liable for damages caused by their products when it’s the users who should be responsible, and they’ve rolled in “gun owners” into immunities and protections, a stipulation that can never obtain any more than immunity in death by negligent use of a car can obtain – this sleight of hand should have been pointed out by Ramesh), and (4) No.