The Washington Independent
The Washington Independent

Sessions: Considering Foreign Law Would Kill Second Amendment Rights

Last updated: July 31, 2020 | July 21, 2009 | Thomas Dixon

Perhaps unintentionally, the written followup questions from Sen. Jeff Sessions (R-Ala.) to Supreme Court nominee Sonia Sotomayor make a strong case that consideration of foreign law in the debate over the Second Amendment would doom Republican efforts to read a “fundamental right” to gun ownership into the Constitution.

As Sessions pointed out in his question:

Many countries around the world … including some of our closest allies, take a far different view from our own country’s regarding gun ownership. Great Britain has almost a total ban on the ownership of firearms, Germany has some of the most restrictive firearms ownership laws in Europe, and in Australia, self defense is not considered a legitimate purpose for owning a gun.

What’s more, he wrote:

On October 31, 2008, members of the United Nations General Assembly passed a resolution supporting the negotiation of a global treaty on the gun trade. The United States was one of only two countries that voted against the resolution.

Sessions went on to ask Sotomayor if she would consider foreign law as a Supreme Court justice deciding whether the Second Amendment guarantees the right to gun ownership in the United States, suggesting, of course, that such consideration would be heresy. (“Isn’t foreign law then simply a vehicle by which judges indulge their own policy preferences?” Session asked.)

Sotomayor was characteristically careful in her response, noting that because “cases raising Second Amendment questions are currently pending before the Court, I would not comment on how I would decide those cases if I am confirmed.”

She did say, however, that while she wouldn’t rely on decisions of foreign courts as controlling precedent, in “some limited circumstances, decisions of foreign courts can be a source of ideas, just as law review articles or treatises can be sources of ideas.”

So now we know why Sessions, Sen. Tom Coburn (R-Okla.) and many other Republicans were so adamant that Sotomayor not “use” foreign law. Not only did it recently help ban the execution of juvenile delinquents, but it could assist the court in denying them their coveted fundamental right to assault weapons as well.

Thomas Dixon | He creates the ideal marketing experience by connecting online brands with their target audiences. He recently completed a research paper on consumer conversion and took part in a community project on SEO optimization. Thomas is working on his Bachelor of Arts in Communications and plans to intern in an online marketing department soon.


Rep. Patrick McHenry: Please, Conservatives, Fill Out Your Census Forms!

The conservative congressman from North Carolina, a constant critic of the census -- one of the people who sounded the alarm about politicization when the

Rep. Paul Ryan to deliver SOTU response

Chairman of the House Budget Committee Rep. Paul Ryan (R-Wis.) will deliver the Republican response to the State of the Union Tuesday, according to Mike Allen

Rep. Parker Griffith (R-Ala.)

One of the most conservative Democrats in the House -- a freshman who said he couldn’t support Nancy Pelosi again -- is going to switch over to the GOP. Josh

Rep. Paulsen allies with medical device industry to relax FDA oversight

Source: Flickr; Republicanconference ( On the heels of the Minnesota Independent story last week about U.S. Rep. Erik Paulsen’s cozy financial relationship with the medical device industry, the New York Times reported Tuesday that some health professionals are alarmed by Paulsen’s push to relax Food and Drug Administration (FDA) oversight

Rep. Paulsen, Karl Rove the latest to get ‘glittered’

Rep. Erik Paulsen and former Bush staffer Karl Rove were both showered with glitter at the Midwest Leadership Conference Friday

Rep. Peace, ACLU seek investigation of soldier’s allegations of racial discrimination in Afghanistan

Both Rep. Steve Pearce (R-NM) and the American Civil Liberties Union agree: There needs to be an investigation into Spc.

Rep. Paulsen touts balanced budget constitutional amendment

In a post for the conservative blog True North , U.S. Rep

Rep. Perlmutter criticizes House measure that would eliminate 800K federal jobs

Congressman Ed Perlmutter today issued a scathing statement criticizing the House of Representatives for passing a spending bill that could put nearly a million federal employees out of work. The Colorado delegation voted strictly on party lines, with all four Republicans voting in favor of the bill and the three Democrats voting in opposition. Perlmutter’s statement: “My number one priority is to get people back to work because that’s the best thing we can do to pay our debt and move forward toward economic stability

Rep. Pete Hoekstra Bashes Global Currency

I was just talking to Rep. Pete Hoekstra (R-Mich.), who’s leaving Congress to run for governor of Michigan, about his proposed Parental Rights Amendment—a

Rep. Pete Hoekstra Surging in Michigan Gubernatorial Bid

The ranking member of the House Intelligence Committee -- you couldn’t flip on a TV without seeing him in the aftermath of Umar Farouk Abdulmutallab’s botched

Rep. Pete Stark Won’t Dignify Constituent by, er, Micturating Upon His Leg

In the tradition of Rep. Barney Frank (D-Mass.), California Democratic Rep. Pete Stark revealed at a recent town hall gathering that there are limits to what

© Copyright 2021 The Washington Independent All Rights Reserved

Terms & Privacy |