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Might Judge Sotomayor think the Second Amendment "deserves to be on equal footing with the First Amendment" for ex-cons?

By Douglas A. Berman

The question in title of this post is drawn from a line from this commentary at FOXNews authored by Ken Blackwell and Ken Klukowski, which carries the headline "Sotomayor, Civil Rights and Guns."  The piece is focused principally on whether the Second Amendment should apply to the states, but it leaves me wondering whether and how the authors and others urging Second Amendment incorporation justify excluding former felons and misdemeanants from the Second Amendment: Over the next two weeks, one of the critical issues will be your civil rights on guns.  Senators could benefit from context to understand the importance of this civil right to protect families, especially racial minorities.... When slavery ended in America after the Civil War, no civil right was more important for black Americans than the right to keep and bear arms...continue to full post

Full post as published by Sentencing Law and Policy on July 14, 2009 (boomark / email).