Trump’s 9th Circuit Nominee Faces Opposition Over Gun Rights Issues
BY Herschel Smith6 years, 6 months ago
President Donald Trump’s nominee for a seat on the Ninth Circuit Court of Appeals has garnered the disapproval of some Republican senators for his record on First and Second Amendment issues.
Former Republican attorney general of Hawaii Mark Bennett saw senators Ted Cruz (R., Tex.) and Ben Sasse (R., Neb.) break with the rest of the Judicial Committee and vote against his nomination last week. The senators said their decision was driven by a pair of amicus briefs Bennett signed on to opposing landmark gun rights and free speech Supreme Court decisions. The two Republicans expressed skepticism over appointing Bennett to a lifetime position in the federal judiciary given his record, despite Bennett’s assurances that he would abide by binding precedents if confirmed.
Cruz described Bennett’s record as “troubling.”
“He was an aggressive advocate, as attorney general, for gay marriage. He was an aggressive advocate demonstrating hostility to the First Amendment and political speech,” he said in a committee meeting on Thursday. “Most significantly, he has been an aggressive advocate for undermining the Second Amendment.”
Sasse’s office said the senator shares Cruz’s concerns on much of Bennett’s record.
“Senator Sasse has concerns about Mr. Bennett’s advocacy in Citizens United v. FEC and Heller v. District of Columbia,” James Wegmann, a Sasse spokesman, told the Washington Free Beacon regarding the senator’s vote.
Cruz said he was especially worried about Bennett’s decision to sign on to an amicus brief in the Heller case which argued that the Second Amendment was merely intended to protect state militias from federal interference and should not apply to state laws.
“Taking the position in the Heller case that the Second Amendment protects no individual right to bear arms whatsoever,” Cruz said in the meeting. “In my judgement that is an extreme position. It is grossly inconsistent with the text and original understanding of the Second Amendment and, so, I can’t, in good conscience, vote to confirm him for a lifetime position as a court of appeals judge on the ninth circuit.”
Well good. But wait, here’s the best part.
During his testimony before the committee in April, Bennett said his decision to sign onto the briefs in the Heller and Citizens United cases were based on what he thought were in the best interest of Hawaii at the time.
Not what was constitutional, not what God intended as righteous by virtue of being created in His image, but what he (Bennet) thought was in the best interest of Hawaii at the time.
Because he considers himself to be god. And note the modifier “at the time.” Because his mind could change later. Because right and wrong depends on his mood that day. There is nothing deontological and fixed about it.
Good Lord. From under what rock did this creep climb? Go back, please. You’re hurting my eyes.
On May 16, 2018 at 10:26 pm, Adam Baum said:
But his nomination is just Trump playing 16 dimensional underwater chess! (Sarcasm off now)
On May 16, 2018 at 10:40 pm, Georgiaboy61 said:
Re: “Good Lord. From under what rock did this creep climb? Go back, please. You’re hurting my eyes.”
Men who lack bedrock principles that they will not compromise tend to be the kind of men like Bennet, individuals willing to say and do whatever is required at the moment. Men who engage in expediency for the sake of personal aggrandizement. Men who, in standing for nothing, will stand for anything.
On May 17, 2018 at 10:49 am, Fred said:
Saw a thing on the webz where a pattern emerges for circuit court selection wherein the selected party is based upon that states turn to fill a void and has nothing to do with qualifications. They went back several decades and every slot has been filled by the next state who hasn’t filled a slot the longest.
So, it’s HI’s turn to fill this vacancy on the 9th. The quality of the man is of no regard.
On May 17, 2018 at 3:43 pm, scott s. said:
Look at it this way: If ole Hill had won, we might be looking instead at our recent AG Doug “I Hate Trump” Chin (who now thinks he should be the Dem nominee for HI CD1).