Friday, December 11, 2009

Wu Responds on McDonald

As I indicated in a previous blog, a bipartisan majority of the House and Senate has signed on to the NRA’s amicus brief in the McDonald vs. Chicago case. Unfortunately neither my Representative (David Wu) nor either Oregon Senator (Merkley and Wyden) had signed on to the brief. I wrote letters to each of them urging them to stand up for the rights of Americans and sign the brief. Thus far I’ve only heard back from Representative Wu, but the response was surprisingly positive:

“Thank you for contacting me to urge me to sign onto an amicus curiae brief in the McDonald v. City of Chicago case scheduled for Supreme Court consideration in 2010. I appreciate hearing from you on this important issue.

“The amicus brief you reference asks the Supreme Court of the United States to hold the Second Amendment applicable to the states through the Fourteenth Amendment's Due Process Clause. The Fourteenth Amendment provides that portions of the Bill of Rights are applied to the states. Over many years, the Supreme Court has incrementally applied the rights enumerated in the Bill of Rights to the states through a process called incorporation. For example, the First Amendment currently applies to states, as has the Fourth Amendment, concerning unreasonable search and seizure. As of yet, the Second Amendment does not apply to the states.

“I have long held that the Second Amendment does indeed give individuals the right to bear arms. Therefore, I will keep your comments in mind and will give serious consideration to signing the amicus brief.”

He’s still missing the point that the Second Amendment affirms / recognizes the individual right to bear arms rather than granting it, but this at least appears to be a step in the right direction. Given that he has repeatedly stated on the record that he supports the individual right interpretation of the Second Amendment – it’s going to be hard for him to not sign on to this brief. I’ll continue to check the NRA’s page to see if he has signed on.

Until next time!!!

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