July 1, 2010
As the number of President Obama’s judicial appointments and nominations continues to grow, it appears pretty clear that he does not care about the individual’s right to self-defense. We can tell this by looking at the record of his two Supreme Court picks but also by examining the long list of lower-level judicial appointments. All of these reflect a pattern of favoring person who have written anti-gun opinions.
Elena Kagan, Obama’s newest Supreme Court nominee, fits this mold. The Supreme Court has only been very narrowly supportive of an individual’s right to bear arms. For example, there was the 5-4 vote in the Heller decision when it struck down Washington, D.C.’s handgun ban in 2008 and a similar 5-4 vote in on Monday in the decision to strike down Chicago’s ban in “McDonald.”
In the future, Kagan’s opinion could be crucial: If Justice Kennedy or one of the four more conservative members of the court were to retire or die, her vote could easily tip the balance on gun rights.
Of course, Obama’s judicial nominations go against his 2008 campaign promises about guns. During the presidential campaign, then-Senator Obama, despite his past support for gun bans , assured voters  that he had always supported the Second Amendment as an individual right:
“I have said consistently that I believe that the Second Amendment is an individual right, and that was the essential decision that the Supreme Court came down on.”