Kavanaugh Pick as Supreme Court Justice Receives Universal Support from Gun Groups
Trump’s Second SCOTUS Nominee Garners Wide Support from RKBA Organizations: NRA, SAF, GOA, NSSF
Just over a year after Justice Neil Gorsuch was confirmed to fill the late Antonin Scalia’s seat on the United States Supreme Court, President Trump has tapped the second SCOTUS nominee of his first term.
President Trump’s has nominated Judge Brett Kavanaugh to succeed Anthony Kennedy, who has sat on the court since being nominated by Ronald Reagan and confirmed in 1988. Since his July 9th nomination, Kavanaugh has received universal support from major gun rights organizations, including the National Rifle Association (NRA), Second Amendment Foundation (SAF), Gun Owners of America (GOA), and the National Shooting Sports Foundation (NSSF).
In their statement, the NRA said that “President Trump has made another outstanding choice in nominating Brett Kavanaugh for the U.S. Supreme Court. He has an impressive record that demonstrates his strong support for the Second Amendment.” The statement also referenced Kavanaugh’s strong dissenting opinion in opposition to Washington, D.C.’s ban on commonly owned semi-automatic firearms and their registration requirement which, consistent with Justice Scalia’s opinion in Heller. NRA’s Chris Cox continued, “Judge Kavanaugh has demonstrated his clear belief that the Constitution should be applied as the Framers intended.”
In a separate statement, NRA said that “Judge Brett Kavanaugh has earned NRA members’ support.” In this statement, the gun-rights organization goes into additional details on the nominee’s Second Amendment history.
SAF likewise applauded Kavanaugh’s nomination for the SCOTUS seat, saying “We’re encouraged by this nomination because by adding Judge Kavanaugh, we might see the high court become more willing to accept and rule on important Second Amendment issues, such as right-to-carry.” Second Amendment Founder and Executive VP, Alan Gottlieb, noted that “the Supreme Court has twice affirmed in the last ten years that the Second Amendment protects a fundamental, individual right to keep a firearm for home defense, but the court has yet to even begin defining the right to bear arms outside of the home or business, in public.” Gottlieb says that he hopes that Kavanaugh’s nomination would be “quickly affirmed by the Senate.”
On the topic of Senate confirmation, one potential hold-out that may have stymied Kavanaugh’s progress to Kennedy’s vacant SCOTUS seat, Rand Paul, yesterday got on board with the President’s nomination, saying that “his strong defenses of the First and Second Amendments in landmark cases show someone who isn’t afraid to challenge the status quo and will fight with backbone.” Paul concluded, “Judge Kavanaugh will have my support and my vote to confirm him to the Supreme Court.” Continue reading
Judge Brett Kavanaugh Has Earned NRA Members’ Support
NRA members can feel confident throwing their enthusiastic support behind President Donald Trump’s nomination of Judge Brett Kavanaugh to the U.S. Supreme Court. Throughout his time on the bench, Judge Kavanaugh has demonstrated deep respect for the Second Amendment as construed in Justice Antonin Scalia’s landmark decision in District of Columbia v. Heller. Moreover, his record on the Second Amendment is well established. As Second Amendment scholar and University of Denver Law Professor Dave Kopel wrote earlier this week, “No nominee to the U.S. Supreme Court has had such a detailed record on Second Amendment as does Brett Kavanaugh.”
The bulk of Judge Kavanaugh’s record on the Second Amendment comes from his 2011 dissent in Heller v. District of Columbia, or Heller II. The case concerned a challenge to Washington, D.C.’s ban on commonly-owned semi-automatic rifles and the city’s onerous firearms registration regime.
Under much constitutional precedence, courts are tasked with interpreting a law’s impact on a given right by using a system of tiered balancing tests, where they weigh the government’s interest against the right at stake. Fundamental rights are tested under a strict scrutiny standard, whereby the government has the burden of showing that a given restriction serves a compelling government interest and is the least restrictive means to further that interest. Lesser infringements are tested using intermediate scrutiny, which requires a restriction to serve an important government interest and that the means of doing so are substantially related to the interest. All laws are subject to the rational basis test, whereby a given restriction must be at least rationally related to a legitimate government purpose. Continue reading
SAF Applauds Trump Nomination of Kavanaugh to Supreme Court
The Second Amendment Foundation this evening applauded president Donald Trump’s nomination of Judge Brett Kavanaugh to fill the vacancy on the United States Supreme Court created by the looming retirement of Associate Justice Anthony Kennedy.
“We’re encouraged by this nomination,” said SAF founder and Executive Vice President Alan M. Gottlieb, “because by adding Judge Kavanaugh, we might see the high court become more willing to accept and rule on important Second Amendment issues, such as right-to-carry.
“While the Supreme Court has twice affirmed in the last ten years that the Second Amendment protects a fundamental, individual right to keep a firearm for home defense,” he continued, “but the court has yet to even begin defining the right to bear arms outside of the home or business, in public.
“We know that the Court will face enormous challenges on other rights issues,” Gottlieb observed, “but the right to keep and bear arms is a cornerstone of the Bill of Rights that has set this nation apart as a beacon of freedom and liberty. It is time for the court to examine the constitutionality of various state laws that restrict the right to carry, for example, and make arbitrary decisions about who can exercise that right.
“Our courts should be the place that we can trust to safeguard our rights and promote freedom,” he added.
“We’re hoping that the nomination of Judge Kavanaugh to the court will be quickly affirmed by the Senate,” Gottlieb concluded.
Gun Owners of America Statement on Trump Nomination of Kavanaugh to SCOTUS
Erich Pratt, Executive Director of Gun Owners of America (GOA), issued the following statement on Pres. Donald Trump’s nomination of Judge Brett Kavanaugh to the Supreme Court:
“Gun Owners of America is optimistic that Judge Brett Kavanaugh will be a huge improvement over the retiring Justice Anthony Kennedy on many constitutional issues, including the Second Amendment.
“Initial reports suggest that Judge Kavanaugh deeply respects the Second Amendment, even though he was not the strongest of the finalists.
“Nevertheless, Judge Kavanaugh filed a pro-gun dissent in Heller II, arguing that Washington, DC’s ban on semi-automatic firearms was arbitrary and unlawful.
“In fact, his dissent was so well argued that GOA’s subsequent legal briefs have repeatedly held up his dissent as the model to follow.
“In another case, Kavanaugh correctly interpreted the Firearm Owners Protection Act to find that a defendant could not be sentenced to 30 years in prison for use of a fully-automatic firearm if he was unaware that the gun fired automatically.
“Kavanaugh also supported the prevailing opinion in the Citizens United case, which affirmed GOA’s voice in the political arena.
“GOA hopes that the Senate will confirm Kavanaugh — and that the Supreme Court will take up more Second Amendment cases, thus repealing the onerous and unconstitutional restrictions on the right to keep and bear arms that exist throughout the country.”
NRA Applauds Brett Kavanaugh’s Nomination to the U.S. Supreme Court
The National Rifle Association (NRA) applauds the nomination of Judge Brett Kavanaugh to fill Justice Anthony Kennedy’s seat on the United States Supreme Court.
“President Trump has made another outstanding choice in nominating Brett Kavanaugh for the U.S. Supreme Court. He has an impressive record that demonstrates his strong support for the Second Amendment,” said Chris W. Cox, Executive Director, NRA-ILA. “We urge the Senate to swiftly confirm Judge Kavanaugh to the U.S. Supreme Court, just as it confirmed him to the U.S. Court of Appeals for the District of Columbia Circuit.”
During his tenure on the U.S. Court of Appeals, Kavanaugh wrote a strong dissenting opinion in opposition to Washington, D.C.’s ban on commonly owned semi-automatic firearms and registration requirement by applying an historical test consistent with Justice Scalia’s opinion in Heller.
“Judge Kavanaugh has demonstrated his clear belief that the Constitution should be applied as the Framers intended. To that end, he has supported the fundamental, individual right to self-defense embraced by Justice Scalia in the historic Heller decision. ”
“On behalf of our six million members, the NRA strongly supports Judge Brett Kavanaugh’s confirmation to the U.S. Supreme Court. We will be activating our members and tens of millions of supporters throughout the country in support of Judge Kavanaugh. He will protect our right to keep and bear arms and is an outstanding choice to fill Justice Kennedy’s seat,” concluded Cox.
