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What's wrong with Merrick Garland?
#1
So I read this, as well as the press release on the NRA-ILA's site:

NRA: Why we oppose Merrick Garland’s Supreme Court nomination

Quote:From upholding a federal registry of law-abiding gun owners derived from the instant-background-check system created by the Brady Bill to siding with the District government by voting for a do-over in a Second Amendment decision that invalidated the D.C. handgun ban — exactly what the Supreme Court rightfully struck down in Heller — Garland has proved, the NRA believes, he does not support the Second Amendment.

I just don't quite get it. As my cardio doc says "Sometimes the perfect is the enemy of the good."

The NRA's arguments seem pretty feeble.

In the first case, the alleged "do over", what Garland did was to vote (along with another conservative appeals court justice) to have Heller heard by the full Court of Appeals panel, which included himself. He then sided with Heller, and against DC, contributing to the majority opinion, which he strengthened. Of course DC took to the SCOTUS, where it was also upheld. So he said, "I'm interested, I want to participate," and when he did participate, he took the 2nd Amendment's side.

What's the problem? Moreover, how can they claim he'd overturn Heller when he has already been instrumental in Heller's becoming the law of the land?

The other case is maybe a bit more wobbly, though I note that it seems to be more of a letter-of-the-law interpretation: The case involved FBI retaining NICS information, which they are required to destroy, for six months for "audit purposes." The problem is, the law didn't specify that they couldn't do so, so long as they destroyed it at some point. Garland ruled with the majority, that since the law didn't say "immediately" or specify any sort of time frame. The opinion stated that if Congress wanted to put a clock on the timing, they should have put it in the bill. I understand why some people might not like the ruling, but the court's job wasn't to correct the oversight, it was to interpret what the law said. He certainly didn't do it to establish the de facto registration that none of us are willing to accept.

It seems to me that the NRA is taking a big chance; they can have Garland now, and he's a pretty good choice for us (remember, he ruled for Heller). If the GOP loses control of one or both houses of Congress, and they may do so in November, no way will the eventual justice be as good for the 2nd Amendment as Garland arguably would be. The same is true of the White House.

Considering that several more justices are apt to go out in the next 9 years, putting Garland on the bench now seems like a good bet.

This really smells to me like a purely anti-Obama cutting off of our collective noses to spite our faces.

Or am I missing something? Is there something else that makes Garland a disaster who's apt to set the 2nd Amendment back?
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#2
The NRA gave Harry Reid and "A" rating, and a bigoted moron (Ted Nugent) as a spokesperson. I never pay attention to anything they say.
Unbanned since September 2012.
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#3
jahwarrior72;173493 Wrote:The NRA gave Harry Reid and "A" rating, and a bigoted moron (Ted Nugent) as a spokesperson. I never pay attention to anything they say.

I was about to say somethin similar. When arent the NRA's arguments pretty feeble?

I'm just waiting for them to officially endorse Trump Rolleyes
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