Not Only No But Hell No!

Sen. Tom Udall (D-NM) is floating a plan where one of the sitting justices of the Supreme Court retires, President Trump appoints Judge Merrick Garland to that seat, and the Senate would then confirm Judges Gorsuch and Garland at the same time.

“You had President Trump saying, ‘I want to unite the country, I’m a deal-maker, I’m going to bring people together,’” Udall told reporters following his meeting with Gorsuch on Monday. “Well, the deal right now for President Trump, if he wanted to do it, would be to put Gorsuch and Merrick Garland on the court at the same time.”

This is how Udall described it: Trump would discuss the option with one of the three Supreme Court justices often mentioned as retirement prospects in the coming years – Ruth Bader Ginsburg, Stephen Breyer or Anthony Kennedy – and secure a resignation letter from one of them, contingent on Garland getting nominated and confirmed as their replacement.

Then the two nominees would have a simultaneous confirmation process and votes, Udall said.

Has Udall been sneaking up to Colorado to visit brother Mark (former US Senator Mark Udall (D-CO) and then partaking of some of Colorado’s best weed?

The answer President Trump should give Sen. Udall is an unequivocal no. Both surveys and my own anecdotal evidence suggest that the primary reason many people voted for Trump over Hillary Clinton was the Supreme Court and court appointments. The era of the GOP making deals with liberal Democrats on judicial appointments is over.

We have just seen the impact of President Obama’s appointments on gun rights in the 4th Circuit with their nonsensical ruling in Kolbe v. Hogan. We need that sixth originalist justice if we want to preserve the Second Amendment as an individual right and as a right that the courts will actually respect. Judge Merrick Garland is not that man.

NRA “Strongly Opposes” The Nomination Of Merrick Garland

The National Rifle Association released the following statement this afternoon concerning the nomination by President Obama of Judge Merrick Garland to fill the late Justice Antonin Scalia’s seat on the US Supreme Court.

SCOTUS Nomination: Merrick Garland
“With
Justice Scalia’s tragic passing, there is no longer a majority of
support among the justices for the fundamental, individual right to own a
firearm for self-defense. Four justices
believe law-abiding Americans have that right – and four justices do
not. President Obama has nothing but contempt for the Second Amendment
and  law-abiding gun owners. Obama has already nominated two Supreme
Court justices who oppose the right to own firearms
and there is absolutely no reason to think he has changed his approach
this time. In fact, a basic analysis of Merrick Garland’s judicial
record shows that he does not respect our fundamental, individual right
to keep and bear arms for self-defense. Therefore,
the National Rifle Association, on behalf of our five million members
and tens of millions of supporters across the country, strongly opposes
the nomination of Merrick Garland for the U.S. Supreme Court.” Chris W.
Cox, executive director, NRA-ILA

ü
Merrick
Garland’s record on the Second Amendment is unacceptable to anyone who
respects the U.S. Constitution and an individual’s fundamental right to
self-protection.

ü
He
is the most anti-gun nominee in recent history. This should come as no
surprise, given President Obama’s disdain for the Second Amendment.

ü
He has consistently shown a complete disregard of the rights of law-abiding gun owners.

ü
Garland’s history of anti-Second Amendment rulings support the conclusion that were he to be confirmed he would vote to overturn
Heller.

o  
In
2007, he voted to give D.C. a second chance to have its handgun ban
upheld after a three-judge panel struck it down. At the time, this was
the most significant
Second Amendment case in America.
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In 2004, Garland voted against rehearing another Second Amendment case (Seegars v. Gonzales), effectively casting a vote against the individual right
to keep and bear arms.

o  
Justice Scalia was the author of
Heller v McDonald. Heller affirmed that the Second Amendment is an individual right. The
Heller decision stands in the way of gun-control supporters’ ultimate goal of banning and confiscating guns.

o  
If
Heller is overturned, the Second Amendment for all intents and purposes would cease to exist.
o  
In
2000, Garland voted in favor of the federal government’s plan to retain
Americans’ personal information from gun purchase background checks
despite federal
laws prohibiting national firearm registration and requiring the
destruction of these records.

o  
 Judge Garland weighed in on several significant firearms-related cases, including
Parker, Seegars, NRA v. Reno,. He voted against the rights of firearm owners on each occasion.

ü
The
examples of Garland’s disdain for the right to keep and bear arms go on
and on, including  in a major case upholding the then-existing Clinton
“assault
weapons” ban against a constitutional challenge

ü
It’s
almost certain that Garland agrees with Hillary Clinton when she said
“the Supreme Court is wrong” that the Second Amendment protects an
individual
right.

ü
In
his nomination, President Obama has again placed partisanship and
antagonism towards gun owners above the higher callings of his office.

ü
If
Garland is confirmed, Obama would be taking America back in time to an
era where Supreme Court justices uphold the anti-gun policies of the
president.
Obama is hoping Garland will overturn the Supreme Court precedent that
stands in the way of confiscatory gun control, like the gun ban and
confiscation programs implemented in Australia.

SAF On Garland Nomination

The Second Amendment Foundation has a vested interest like we all do in making sure that Justice Scalia’s replacement doesn’t undue his work. To that end, they immediately came out against President Obama’s nomination to fill the seat, Judge Merrick Garland.

From SAF:

Garland Nomination Should Be Rejected!

BELLEVUE, WA – The founder of the Second Amendment Foundation today said that the nomination of Judge Merrick Garland to the U.S. Supreme Court by President Barack Obama should be rejected.

SAF Executive Vice President Alan M. Gottlieb, reacting to this morning’s announcement, was blunt: “This is not a good nomination and Judge Garland should not be confirmed.”

President Obama nominated Garland, who is the chief judge for the U.S. Court of Appeals for the District of Columbia, to fill the seat left vacant by the untimely death of Justice Antonin Scalia, author of the landmark 2008 Second Amendment ruling in District of Columbia v. Heller. Scalia was considered a giant on the court and one of its finest conservative voices.

On the other hand, “Judge Garland voted to grant an en banc hearing to Heller after the three judge panel struck down the District of Columbia’s gun ban law. The only reason to do so would be to overturn the pro Second Amendment ruling. That was hostile to gun rights.”

Writing a few days ago in the National Review, Carrie Severino observed, “Garland has a long record, and, among other things, it leads to the conclusion that he would vote to reverse one of Justice Scalia’s most important opinions, D.C. vs. Heller, which affirmed that the Second Amendment confers an individual right to keep and bear arms.”

“Just as Second Amendment advocates have feared, President Obama is trying to change the court’s makeup to destroy the individual right to keep and bear arms,” Gottlieb stated. “This administration has done everything it can to erode the Second Amendment, and turn a right into a government-regulated privilege.

“Those of us on the front lines of the Second Amendment battle have warned for the past eight years that the right to keep and bear arms can live or die on a single vote,” he said, “and nothing makes that more clear than today’s nomination. I hope the Senate, if it takes up this nomination, promptly rejects it.”

Direct numbers for your Senators can be found here. It is time to start calling if you want to preserve your gun rights.