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August 6, 2010

Despite strong opposition from Second Amendment advocates, Kagan confirmed as Supreme Court justice

Despite objections from the firearms industry, National Rifle Association and many other Second Amendment advocates, Elena Kagan was confirmed by the U.S. Senate yesterday with a 63-37 vote and will become the country’s 112th Supreme Court justice.

Kagan will take her oath on Saturday to become an associate justice.

NSSF strongly opposed Kagan’s confirmation after reviewing her record, including public statements, written documents and her testimony before the Senate Judiciary Committee.

Though Kagan’s record on Second Amendment-related issues is sparse, what’s available is troubling. While serving in the Clinton Administration, she played a key role in developing anti-gun policies and strategies. Specifically, we know Kagan helped draft a presidential directive that suspended imports of semiautomatic firearms. Records also indicate that during this period Kagan met with plaintiffs’ attorneys involved in municipal lawsuits against members of the firearms industry.

As a clerk for Justice Thurgood Marshall, Kagan made clear that she did not support a challenge to the D.C. gun ban. Demonstrating that this belief had not changed, Kagan, as solicitor general of the United States, refused to file an amicus brief in the landmark McDonald v. Chicago case — a case that reaffirmed that our Second Amendment rights do not stop at state and city borders.

In her testimony before the Senate Judiciary Committee, then Supreme Court nominee Sonia Sotomayor said that she considered the Second Amendment to be “settled law.” It wasn’t until after she was confirmed that Justice Sotomayor let her true views be known as she ruled against the Supreme Court’s earlier decision (Heller) by supporting Chicago’s unconstitutional handgun ban (McDonald), thereby disregarding “settled law.” Similarly, Kagan, during her testimony, parroted Justice Sotomayor’s response, skirting the issue, when she said that the Second Amendment was “settled law.”

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