New Supreme Court Opening Puts Gun Owners In Peril



ACTION: President Bush will be selecting yet another nominee for the U.S. Supreme Court in upcoming weeks. Because there are several horrible candidates on the President’s short list, it is imperative that gun owners ask him to nominate someone who is a true constitutionalist.

This alert provides a draft letter below, along with contact information for the President’s office. Please use the letter to direct your contact to the White House, and ask your friends and family to contact him as well.

The situation is very dire, as the following will explain.


The next couple of weeks could shape the direction of gun rights for years to come. Consider what is happening right now.

A federal agency is running roughshod over gun owners’ rights in the state of Virginia, while police officers in that state are harassing the family members and neighbors of potential gun buyers. At least one gun show promoter has reported losing thousands of dollars because of the intimidation tactics resulting from the BATFE and the police. [See Jeff Johnson, “ATF, Virginia Police Accused of ‘Persecuting’ Gun Shows,” Cybercast News Service, at (August 23, 2005).]

And in other parts of the country, several states are considering whether to ban certain semi-automatics, now that the federal ban on those weapons has sunset — states like Maryland, Illinois, Massachusetts and New York, to name but a few.

This should come as no surprise, for gun ownership is one of the most politically incorrect activities in the country these days. And it underscores how important it is for true constitutionalists to sit on the Supreme Court.

Speaking of the high court, the confirmation hearing for Judge John Roberts was supposed to begin this week. But with death of Chief Justice William Rehnquist, the President will now have to nominate yet another justice to that position.

This gives Bush the incredible opportunity to mold the shape of the Court for next few decades.


So far, there is little direct evidence showing how Judge Roberts would come down on Second Amendment rights. But a pile of indirect evidence has recently been unearthed that should greatly trouble gun owners.

To be sure, there are a lot of people who consider themselves supporters of the President who are VERY concerned with the Roberts’ nomination.

Columnist Ann Coulter calls the President’s pick a “Souter in Roberts’ clothing” — an obvious reference to the fact that Supreme Court Justice David Souter was a “stealth nominee” himself when he was nominated by President Bush in 1990, and, for most constitutionalists, has turned out to be quite a “dud.”

And this is why it is imperative that President Bush hear from gun owners nationwide. There are truly OUTSTANDING candidates that could have been nominated to the Supreme Court, unfortunately, the President has already squandered an opportunity to appoint one of these candidates.


Justice Janice Rogers Brown is one such candidate. She was confirmed to the federal bench in June by a 56-43 vote, and she would, no doubt, make a wonderful addition to the U.S. Supreme Court.

Brown is a modern-day Annie Oakley who used language from an amicus curiae brief that was submitted by Gun Owners of California to argue against Los Angeles’ ban on gun shows. (For more on Judge Brown’s position on gun rights, please go to

There are several other good choices, as well. Judge Samuel Alito, Jr., in the Third Circuit, has argued that Congress has no right to regulate the private possession of machine guns. Edith Jones in the Fifth Circuit understands that our “unalienable rights were given by God to all our fellow citizens.”

And in the Ninth Circuit, Judge Alex Kozinski has chided his liberal colleagues for falling prey to the popular delusion that we are “better off leaving all weapons in the hands of professionals on the government payroll.” He cites chapter and verse, showing how gun control has been used to subjugate blacks in the South, as well as other minorities all across the world.

However, there are far more bad choices that President Bush could pick from — one of the worst being Attorney General Alberto Gonzales. He has been a favorite of the president, having been nominated by him to sit on the Texas Supreme Court when Bush was Governor of that state.

When Gonzales testified before the U.S. Senate on January 18, 2005, he expressed his unequivocal support for gun control. Fox News quoted Gonzales on that day as saying, “The president has made it clear that he stands ready to sign a reauthorization of the federal assault weapons ban if it is sent to him by Congress. I, of course, support the president on this issue.”

Gonzales believes the Constitution is a “living document” and that only the nine justices on the court have the capacity to explain what it means. He has also stated that, “The Supreme Court tells us what the Constitution says and means.” In his view, the high court actually “makes law” through its precedent-setting rulings.

Thankfully, we already know quite a bit about Gonzales’ views. Roberts is a different story, however, as he has already stated he will try to keep his views close to the vest during the Senate confirmation hearings.

Syndicated columnist Ann Coulter says that the current President “has given us a Supreme Court nomination that will placate no liberals and should please no conservatives. Maybe Roberts will contravene the sordid history of ‘stealth nominees’ and be the Scalia or Thomas Bush promised us when he was asking for our votes. Or maybe he won’t. The Supreme Court shouldn’t be a game of Russian roulette.”

She’s right. We shouldn’t be gambling with the Supreme Court. Please ask the President today to nominate a constitutionalist to fill the new vacancy on the court.

CONTACT INFORMATION: You can visit the Gun Owners Legislative Action Center at to send the President the pre-written message below. You can also contact the President using any of the following mediums:

Comments: 202-456-1111
Switchboard: 202-456-1414
FAX: 202-456-2461
E-Mail: [email protected]

— Pre-written letter —

Dear President Bush:

With the death of Chief Justice William Rehnquist, you will now have another opportunity to appoint a constitutional scholar who truly understands the rule of law and respects the Bill of Rights.

Unfortunately, there is a growing amount of evidence which reveals that Justice Roberts is not of the same constitutional caliber as justices like Janice Rogers Brown and Samuel Alito, Jr.

To be sure, Alberto Gonzales is NOT the man for the job, either!

As one who respects the Constitution and the Bill of Rights (especially the Second Amendment), I hope that you will NOT appoint someone who holds views similar to those of Gonzales.

You truly made an excellent choice in putting Justice Janice Rogers Brown on the federal bench. She understands the Second Amendment protects an individual right, and she realizes that the Supreme Court is supposed to interpret, not make, the laws. I hope that you will nominate either her or someone like her to the Supreme Court. Thank you.



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