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Fox Nation baselessly claims Sotomayor "Wants to Ban Guns"

May 28, 2009 4:17 pm ET

SUMMARY: A Fox Nation headline baselessly claimed that Sonia Sotomayor "Wants to Ban Guns." The story it linked to reported only that Sotomayor was part of a panel that cited precedent from an 1886 Supreme Court case to rule that "the Second Amendment only restricted the federal government" -- not state governments.

70 Comments

In a May 28 headline, The Fox Nation baselessly claimed that Supreme Court nominee Sonia Sotomayor "Wants to Ban Guns." The headline linked to a May 28 CNSNews.com article that made no mention of Sotomayor expressing or indicating a desire to "ban guns." Rather, CNS News reported that Sotomayor was part of a three-judge 2nd U.S. Circuit Court of Appeals panel that cited Supreme Court precedent in ruling that "the Second Amendment does not protect individuals from having their right to keep and bear arms restricted by state governments." As CNS News noted, in the case Maloney v. Cuomo, the Second Circuit "cited the 1886 Supreme Court case of Presser v. Illinois," which found that "the Second Amendment only restricted the federal government" -- not state governments.

As Media Matters for America has noted, media conservatives have previously engaged in similar fearmongering by claiming without basis that President Obama and House Speaker Nancy Pelosi (D-CA) want to "ban" or "confiscate" guns.

From The Fox Nation on May 28:

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    • Author by mr. l (May 28, 2009 4:30 pm ET)
      2  
      1886, eh? Good for you, *reporters* at Fox *news*! Only 120 years behind the times- congrats!
      Report Abuse
    • Author by cArn (May 28, 2009 4:32 pm ET)
      2  
      Sotomayor: "the Second Amendment does not protect individuals from having their right to keep and bear arms restricted by state governments"...

      FOX translation: She wants to ban guns

      This would be hilarious if it weren't so sad.

      Report Abuse
      • Author by Limit Corp. Ownership (May 28, 2009 4:45 pm ET)
        1  
        Next they'll be saying she wants to ban Christianity...

        It's fun watching the Republican party disappear.
        Report Abuse
    • Author by Lazlo P. Hollyfeld (May 28, 2009 4:44 pm ET)
      1  
      It is evident that she want to ban guns because she did not fight to overturn the legal precedent that allows for State Govt restriction. If she is not completely for the conservatives, she is completely against them. I like that logic, it keeps parties small and lean - a strange tactic for a majority rule government, though.
      Report Abuse
      • Author by wookie (May 29, 2009 10:00 am ET)
        1  
        And she is considered a judicial activist for citing a precedent from 1886.
        Report Abuse
      • Author by historygeek001 (May 29, 2009 5:02 pm ET)
           
        OT Laz, I'm just curious--are you still in contact with Mitch and Chris? I'm afraid I can't remember your destination when you moved after things got weird around there...
        Report Abuse
    • Author by IRONY 101 (May 28, 2009 4:52 pm ET)
      2  
      I heard Limbaugh today say that in 2004 Sotomayor ruled in a case that people do not have a Constitutional right to own a gun. Of course, I immediately assumed that wasn't true...for if it comes from Rush's lips it must be a lie. Apparently I was correct in that regard.
      Report Abuse
      • Author by RABBITLUVR (May 28, 2009 5:20 pm ET)
        1  
        Caught that one too. God, I hated the way he whispered it... sounded like a pervert trolling for kiddies.

        Hafta wash out my brain... don't know how the MM folks can listen and watch this sewage and not become deranged.
        Report Abuse
      • Author by juliajayne (May 28, 2009 11:46 pm ET)
        3  
        Rush Limbaugh - an alternative to intelligent thought.

        Rush Limbaugh -
        "And now the liberals want to stop President Reagan from selling chemical warfare agents and military equipment to Saddam Hussein, and why? Because Saddam 'allegedly' gassed a few Kurds in his own country. Mark my words. All of this talk of Saddam Hussein being a 'war criminal' or 'committing crimes against humanity' is the same old thing. LIBERAL HATE SPEECH! And speaking of poison gas ...I SAY WE ROUND UP ALL THE DRUG ADDICTS AND GAS THEM."

        -Rush Limbaugh, Nov. 3, 1988

        Report Abuse
        • Author by NG_Officer (May 29, 2009 8:35 am ET)
             
          I wish it were true, but...

          http://www.snopes.com/politics/quotes/limbaugh2.asp
          Report Abuse
          • Author by NG_Officer (May 29, 2009 8:37 am ET)
               
            Click-able link to Snopes
            Report Abuse
            • Author by juliajayne (May 29, 2009 11:15 am ET)
                 
              Aye, may be a wee bit o' urban legend, per'aps. But it hardly matters as it's scarely any more outrageous or spurious than 90% of what the gasbag spews. Besides that Snopes has a liberal bias! :-0)
              Report Abuse
              • Author by Tbone Slickens (May 29, 2009 1:43 pm ET)
                  2
                But that lie has been spewed on this forum incessantly for years now.

                A retraction? I wont hold me breath!
                Report Abuse
                • Author by Craig (May 29, 2009 2:46 pm ET)
                  1  
                  First I've heard of it, Koko.
                  Report Abuse
                  • Author by nerzog (May 29, 2009 3:24 pm ET)
                    1  
                    I've never seen it, either... and I've been here a while.
                    Report Abuse
                    • Author by Brabantio (May 29, 2009 3:40 pm ET)
                      1  
                      I've been here since 2004, never heard of that one either.

                      Maybe Slickens has a different definition of "incessantly" than I do.
                      Report Abuse
                    • Author by solon (May 29, 2009 10:26 pm ET)
                         
                      I have been here for years and have never seen it.
                      Report Abuse
                • Author by juliajayne (May 29, 2009 5:34 pm ET)
                     
                  Dude, I was just in a silly mood and got it from the Urban Dictionary. Please! And then I tried to CMA! NOBODY has said that here.
                  Report Abuse
                • Author by LuvLuLu (May 30, 2009 2:05 am ET)
                  1  
                  If you've seen that lie on this site for years, how many screen names ago was that, Tbone Slickens?
                  Report Abuse
      • Author by haydentf (May 29, 2009 9:33 pm ET)
           
        IRONY,

        I consider myself more conservative than liberal and would not even stop for a second on a station that broadcasts Limbaugh. Do you feel the need to monitor him or what? You caught this statement in passing :) The guy gets power only because people mention his name for better or worse.
        Report Abuse
    • Author by loonz (May 28, 2009 5:08 pm ET)
      4  
      She basically said gun issues are up to the state. Are conservatives now against states' rights?
      Report Abuse
      • Author by Easy to refute wingnuts (May 28, 2009 5:23 pm ET)
        3  
        They are when it's to their advantage. Otherwise, they aren't.

        That's just the way GOP hypocrisy works.
        Report Abuse
        • Author by juliajayne (May 28, 2009 5:46 pm ET)
             
          The GOP reminds me of that Cole Porter song, Anything Goes:

          The world has gone mad today
          And good's bad today,
          And black's white today,
          And day's night today.........
          Report Abuse
          • Author by IRONY 101 (May 28, 2009 5:50 pm ET)
               
            Or the line from the Jefferson Airplane song White Rabit that goes...


            ...when logic and proportion have fallen sloppy dead.
            Report Abuse
            • Author by worrierking (May 28, 2009 6:00 pm ET)
                 
              My God! I bought the Jefferson Airplane album "Surrealistic Pillow" in the summer of '67 and to this day never had a clue what that line was.

              Thanks Irony! Now I know.
              Report Abuse
      • Author by carlileb5935 (May 28, 2009 9:53 pm ET)
        2  
        Are conservatives now against states' rights?

        Yes, when it's something they don't like.

        The same thing with "local control." They're always screaming about bringing back local control, but if local control means rent control, they go nuts and pass statewide laws to ban it.
        Report Abuse
        • Author by wzwriter (May 29, 2009 12:58 pm ET)
             
          The same thing with "local control." They're always screaming about bringing back local control, but if local control means rent control, they go nuts and pass statewide laws to ban it.

          Same thing when local authorities want to restrict access to certain types of guns, like the handgun ban in DC....
          Report Abuse
        • Author by rrastro (May 30, 2009 1:34 am ET)
             
          ever notice the places with rent control have the highest rent?
          Report Abuse
          • Author by solon (May 30, 2009 3:49 am ET)
               
            Ever notice that hopitals where people get lots of snakebites have more antivenom? Are you freaking KIDDING ME?
            Report Abuse
            • Author by rrastro (May 30, 2009 10:34 pm ET)
                 
              no im not. areas with rent control are often more expensive than nearby communities without it.
              Report Abuse
      • Author by rrastro (May 28, 2009 10:49 pm ET)
           
        it is NOT a state right. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." infringement of the right to bear arms is prohibited to the states just like official religion or press restrictions or even civil libel
        Report Abuse
        • Author by eweston8542983 (May 29, 2009 1:00 am ET)
             
          My li'll dictionary defines prohitbit as,1: to forbid by authority 2: to prevent from doing something. So I assume your point is (I could be wrong here) that the federal government (authority) does not allow the states to regulate the sale of firearms to a well regulated miltia. Personal gun sales are regulated in all states. Your welcome to take any recently released convicted killer on a tour of all states to check on the acuracy of this.
          Report Abuse
          • Author by rrastro (May 30, 2009 1:33 am ET)
              1
            my point is the federal government via the constitution does not (in theory) allow any government unit to prevent the ownership of weapons so that the militia may turn out instantly.

            car sales are regulated in all states as are food sales and lots of other commodities. what of it? in my state all i need is an id showing im over 18
            Report Abuse
        • Author by mojeffcoop9025 (May 29, 2009 11:44 am ET)
             
          The second amendment is no more absolute than the first or any other, rrastro. The Supremes didn't outlaw gun control in DC. They just said there couldn't be an absolute ban on residents owning guns.
          Make a note of it.
          Report Abuse
          • Author by rrastro (May 30, 2009 1:28 am ET)
              2
            whether they did or did not overturn gun control is not the point. per the tenth if the federal government is barred so are the states
            Report Abuse
        • Author by solon (May 29, 2009 10:28 pm ET)
             
          You got your degree in constitutional law WHERE again? How is it YOU know better than the Supreme Court?
          Report Abuse
          • Author by rrastro (May 30, 2009 1:25 am ET)
              1
            same place you did solon. sounds a lot like you admit im right.
            Report Abuse
            • Author by LuvLuLu (May 30, 2009 2:09 am ET)
                 
              The US Supreme Court has said you are wrong, rrastro. How is it that you know better than those guys, most of whom were appointed by Republicans?
              Report Abuse
            • Author by solon (May 30, 2009 3:52 am ET)
                 
              A) I never said I had one and B) I am not the one claiming the Supreme Court is wrong and I know much better than they do what is constitutional that would be YOU. So again YOU got YOUR degree in constitutional law WHERE again? Oh you dont HAVE one? Imagine my suprise so exactly WHAT is your standing to put yourself as an expert MORE knowledgeable than they are?
              Report Abuse
      • Author by Limit Corp. Ownership (May 29, 2009 12:46 am ET)
        1  
        No, cons aren't against states' rights...

        They do strongly oppose facts and common sense.
        Report Abuse
      • Author by mojeffcoop9025 (May 29, 2009 11:32 am ET)
           
        They are when they collide with reality.
        Report Abuse
    • Author by steeve (May 28, 2009 6:09 pm ET)
      1  
      STATES RIGHTS!! STATES RIGHTS!!

      To see a conservative fight against that is quite a sight indeed.
      Report Abuse
      • Author by RABBITLUVR (May 28, 2009 6:11 pm ET)
        1  
        Hilarious to see that the wingnuts do not even have a clue as to what in the hell they believe in.
        Report Abuse
      • Author by rrastro (May 28, 2009 10:50 pm ET)
          1
        read the tenth again
        Report Abuse
        • Author by LuvLuLu (May 30, 2009 2:11 am ET)
             
          Get a clue again. The US Supreme Court disagrees with you.
          Report Abuse
      • Author by mojeffcoop9025 (May 29, 2009 11:37 am ET)
           
        Sure. Take Bush V Gore, for example.
        Report Abuse
    • Author by OtisGrant (May 28, 2009 6:23 pm ET)
         
      Like fox news, fox nation reports stories full of holes.
      Facts don't matter at fox I guess, especially the important ones.
      Glen Beck is biggest violator when it comes to leaving out Vidal facts.

      Run out of town
      Report Abuse
    • Author by teabaggers ♥ [wing]NUTS (May 28, 2009 8:24 pm ET)
      1  
      wow.

      "We are now officially subjects not citizens. They'll have to take my gunfire before they take my guns."

      its comments like this (and many others) that are typical on fox nation... all these paranoid nutcases worried about who takes their rights away, and nobody is even trying to do it.
      Report Abuse
      • Author by rrastro (May 28, 2009 10:52 pm ET)
          1
        really? whta was that dc gun law? and wasnt there a case where land was taken from citizens then given to corporate citizens in the name of urban renewal? rights are being taken
        Report Abuse
        • Author by baba19 (May 29, 2009 12:03 am ET)
             
          Hey there fox news... please be a little more specific. "Wasn't there that time with the guy who did that thing?" Karl Rove probably said that.
          Report Abuse
        • Author by Limit Corp. Ownership (May 29, 2009 12:56 am ET)
             
          Yes Ratso,

          We were armed to the teeth before that horrible DC gun law was overturned. Now, we can really let her rip.

          I look forward to your next post, after a loved one is slaughtered in the next rampage.

          I don't want to take away anyone's gun, but I do support common sense.
          Report Abuse
          • Author by rrastro (May 30, 2009 1:38 am ET)
               
            I own no firearms. I never will. i prefer a good dog
            Report Abuse
        • Author by rms (May 29, 2009 9:31 am ET)
          2  
          "and wasnt there a case where land was taken from citizens then given to corporate citizens in the name of urban renewal? rights are being taken."

          Yes. When George Bush and his friends took land from a private citizen to build the Texas Rangers ballpark in Arlington, Texas. By "eminent domain." It helps to know the right people in government!
          Report Abuse
        • Author by magnolialover (May 29, 2009 12:57 pm ET)
             
          Umm, that law was overtturned, so I don't know what you're hyperventilating about.

          Eminent domain has been used many different times over the years, for many different purposes. There is no right to own land in the Constitution, or in this country. First, you have to be able to afford it, and then if it is taken from you unjustly, you are availed of the legal system, which happened in the case that you're speaking of, which then went to SCOTUS, where they ruled in favor of the corporations, unfortunately.

          Just as, if you actually READ the 2nd amendment, that if you take it at face value, as many of you conservatives claim to be strict Constitutionalists, it says that the right to bear arms is so that we can have a well regulated militia, which during the time the Constitution was written, was how we had military defense for the country, as a lot of the Founding Fathers didn't believe in having a standing army.
          Report Abuse
          • Author by rrastro (May 30, 2009 1:42 am ET)
              1
            they may not have believed in it but they provided for a standing army and an armed citizenry was the balance.

            the second amendment is an explanation (militia) then a regulation
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    • Author by ny2nc (May 29, 2009 8:53 am ET)
         
      Hey! Maybe some brave 2nd Amendment proponent can ambush and kill three more police officers with their AK47 because now Obama and Sotomayor both "want to take their guns away."

      YAY for their well-regulated militias, I say!
      Report Abuse
    • Author by NiceguyEddie (May 29, 2009 9:46 am ET)
         
      Wait... I thought these con's were all about STATE'S RIGHTS?! And that the Constitution WAS in fact, only aimed at the Fed, and that anytime the Fed's overrule a STATE that's an example of evil judicial activism?! Oh I GET IT! That's only the case when the states are trying to do CONSERVTAIVE things! If there trying to do LIBERAL things, it perfectly OK for the Fed to overrule them and take away their 'state's rights.'
      Report Abuse
      • Author by rrastro (May 30, 2009 1:45 am ET)
          1
        from you post i assume los angeles can put the cross back on the city seal?
        Report Abuse
        • Author by solon (May 30, 2009 3:56 am ET)
            1
          No. no state law nor the state constitution can over ride the constitution nor federal law. YOUR reading of the constitutution is NOT the final say in the matter. In fact the Supreme COURTS reading of the Constitution is the final say in the matter.
          Report Abuse
          • Author by rrastro (May 30, 2009 10:39 pm ET)
               
            duh! but im not the candidate who says some parts of the constitution (1st) apply to states but some parts (2nd) do not
            Report Abuse
    • Author by nerzog (May 29, 2009 3:30 pm ET)
         
      [http://4.bp.blogspot.com/_nYzLjNEUdPk/SLq23v15iEI/AAAAAAAAB5I/sPXOO1YLNi0/s400/palin+with+gun.jpg]
      Report Abuse
    • Author by haydentf (May 29, 2009 10:00 pm ET)
         

      I'm getting ready to retire after a 27 year military career. I think I've earned the right to own my two guns which I enjoy shooting once or twice a month. I was born and raised in NYC, obviously no guns, but am retiring in TX. If Texas decided tomorrow that I can no longer own my guns, I guess I'd have to decide how important they are in my life and if I should move.

      It saddens me to see how badly we fight internally in our great nation. I love being an American and could not fathom what my life would have been like if I was born anywhere else. Maybe it's me getting older but I keep thinking the effort we put into negativity, Republican - Democrat; Liberal - Conservative, these days is so much more than we put forth trying to help each other and maintain the mantle of the "Greatest Nation" ever. Other nations say statements like that are American arrogance yet our sons and daughters, past and present, have given more to maintain freedom throughout the world in times of war (WWI, WWII, Desert Storm, Somalia, etc.) and more so in humanitarian efforts than any other 10+ nations combined. Our democratic system has served us and the world well over the last 200+ years but sometimes I think our current politicians and self proclaimed know-it-all's (Limbaugh and whoever his latest liberal counterpart is) are causing a division among us that may take a couple of generations to fix.
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