Sonia Sotomayor on Gun Control
A: The Supreme Court did hold that there is in the Second Amendment an individual right to bear arms. And that is its holding and that is the court's decision. I fully accept that. And in whatever new cases come before me that don't involve incorporation, I would have to consider those issues is the context of a particular state regulation of firearms or other instruments.
A: Well, the gun-free zones school act, the court struck down in Lopez. In that case and in some of its subsequent cases, the court was examining a wide variety of factors. They included whether the activity that the government was attempting to regulate was economic or non-economic; whether it was an area in which states traditionally regulated; whether the statute at issue had an interstate commerce provision to--as an element of the crime; and then considered whether there was a substantial effect on commerce. The court looked at the congressional findings on that last element, and determined that there weren't enough in the confluence of factors that it was looking at to find that the Constitution--that that particular statute was within Congress's powers. That's the basic approach it has used to other statutes it has looked at.
|Other Justices on Gun Control:||Sonia Sotomayor on other issues:|
Ruth Bader Ginsburg
Sandra Day O'Connor
John Paul Stevens
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