Bartholomew Roberts
Moderator
Justice Stevens is finally stepping down from the Supreme Court - meaning that in addition to McDonald being one the last decisions he will write, there will soon be a fight over his replacements.
According to the article here, the leading candidates for his replacement are Solicitor General Elena Kagan (49 years), and appellate judges Merrick Garland (57 years) and Diane Wood (59 years).
Elena Kagan made the following statement during her confirmation hearings for Solicitor General: ""The Supreme Court held in District of Columbia v. Heller, 128 S.Ct. 2783 (2008), that the Second Amendment guarantees an individual right to keep and bear arms. The Court granted this right the same status as other individual rights guaranteed by the Constitution, such as those protected in the First Amendment . . . . I understand the Solicitor General’s obligations to include deep respect for Supreme Court precedents like Heller and for the principle of stare decisis generally. There is no question, after Heller, that the Second Amendment guarantees Americans “the individual right to possess and carry weapons in case of confrontation.""
However, it is unclear whether that "individual right" she believes in is the individual right that Justice Stevens supported (a meaningless one that offers no protection) or the one supported by the Heller majority.
Any information on past decisions or statements by these prospective nominees?
According to the article here, the leading candidates for his replacement are Solicitor General Elena Kagan (49 years), and appellate judges Merrick Garland (57 years) and Diane Wood (59 years).
Elena Kagan made the following statement during her confirmation hearings for Solicitor General: ""The Supreme Court held in District of Columbia v. Heller, 128 S.Ct. 2783 (2008), that the Second Amendment guarantees an individual right to keep and bear arms. The Court granted this right the same status as other individual rights guaranteed by the Constitution, such as those protected in the First Amendment . . . . I understand the Solicitor General’s obligations to include deep respect for Supreme Court precedents like Heller and for the principle of stare decisis generally. There is no question, after Heller, that the Second Amendment guarantees Americans “the individual right to possess and carry weapons in case of confrontation.""
However, it is unclear whether that "individual right" she believes in is the individual right that Justice Stevens supported (a meaningless one that offers no protection) or the one supported by the Heller majority.
Any information on past decisions or statements by these prospective nominees?