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KOPEL: Sotomayor targets guns now
...The Breyer-Sotomayor-Ruth Bader Ginsburg dissent urged that Heller be overruled and declared, "In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense."

Contrast that with her Senate testimony: "I understand the individual right fully that the Supreme Court recognized in Heller." And, "I understand how important the right to bear arms is to many, many Americans."

Yet her McDonald opinion shows her "understanding" that those many, many Americans are completely wrong to think they have a meaningful individual right.

To the Senate Judiciary Committee, Justice Sotomayor repeatedly averred that Heller is "settled law." The Associated Press reported that Sen. Mark Udall, Colorado Democrat, "said Sotomayor told him during a private meeting that she considers the 2008 ruling that struck down a Washington, D.C., handgun ban as settled law that would guide her decisions in future cases."

So by "settled," she apparently meant "not settled; should be overturned immediately."

In the McDonald case, the Breyer-Sotomayor-Ginsburg dissent recapitulated various arguments that had been made in Heller by the dissenting justices. The dissenters also said Heller should be overturned because some law-review articles had criticized Heller. If criticism by a handful of law-review articles were the criterion for overturning a precedent, almost every major Supreme Court precedent would be overruled....