Supreme Court Justice Sonia Sotomayor's stance on gun rights has come under fire after two armed U.S. Marshals on her security detail shot a carjacker who threatened them with a handgun. Sotomayor has previously co-signed a dissent arguing that the Constitution does not protect a private right of armed self-defense.
Supreme Court Justice Sonia Sotomayor's position on gun rights has sparked scrutiny after two armed U.S. Marshals on her security detail shot a carjacker who threatened them with a handgun.
The incident has raised questions about Sotomayor's dissent in a 2010 Supreme Court opinion that decried such firearm protection as a Second Amendment right.
Sotomayor's Second Amendment Dissent Under Scrutiny After Protection Detail's Shooting
In the case of McDonald v. Chicago, Sotomayor co-signed a dissent with Justice Steven Breyer, who argued that the Constitution does not guarantee an individual right to own a gun.
"In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self-defense," Breyer wrote.
Sotomayor's Second Amendment Dissent Under Scrutiny After Protection Detail's Shooting
Sotomayor's stance on gun rights has been a subject of debate throughout her tenure on the high court. In 2004, she joined an opinion that cited as precedent "the right to possess a gun is clearly not a fundamental right."
In 2009, she also joined an opinion with the 2nd Circuit Court of Appeals ruling that Second Amendment rights do not apply to the states.
Sotomayor's Second Amendment Dissent Under Scrutiny After Protection Detail's Shooting
The recent shooting incident near Sotomayor's home has reignited discussions about her views on gun rights. Critics have pointed out the irony that Sotomayor herself is protected by the same guns she has argued civilians do not need.
Ryan Petty, a school safety activist whose daughter was murdered in the Marjory Stoneman Douglas High School shooting in 2018, commented on the incident, saying, "Defensive gun use."
Sotomayor's Second Amendment Dissent Under Scrutiny After Protection Detail's Shooting
"Sotomayor is protected by the same guns she has repeatedly written that civilians do not need and should not own," said Parker Thayer of Capital Research.
Erich Pratt, senior vice president for Gun Owners of America, said, "It is incredibly ironic, even hypocritical, that her own private protective detail was forced to exercise this basic and universal right to protect themselves in a very dangerous situation."
This term, Sotomayor penned a dissent in a case that ruled a ban on a firearm accessory known as a "bump stock" was unconstitutional.
"Today, the Court puts bump stocks back in civilian hands. To do so, it casts aside Congress's definition of ‘machinegun’ and seizes upon one that is inconsistent with the ordinary meaning of the statutory text and unsupported by context or purpose," she wrote.
Sotomayor's Second Amendment philosophy drew criticism from lawmakers during her confirmation hearings. Some expressed concerns about her views on gun ownership and individual rights.
The shooting incident has brought Sotomayor's previous statements on gun rights back into the spotlight, sparking renewed debate about the role of firearms in self-defense and the balance between public safety and individual liberties.
