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Will Judge Sotomayor say anything "activist" about the Second and Eighth Amendments?

By Douglas A. Berman

These two new articles about Judge Sotomayor this morning highlight that her jurisprudential views on gun rights and capital punishment are sure to be a significant part of her confirmation hearings next month: The New York Times has this article headlined "In '98, Hints From Sotomayor on Death Penalty." The Los Angeles Times has this article headlined "GOP to press Sotomayor on gun rights." The joy of considering these two stories together is that they help highlight how justified and unjustified judicial "activism" is in the (always biased?) eye of the beholder.  In the arena of the Second Amendment, folks on the right are generally excited about judges and justices will strike down government efforts to restrict gun possession.  In the arena of the Eighth Amendment, folks on the left are generally excited about judges and justices will strike down government efforts to expand the death penalty...continue to full post

Full post as published by Sentencing Law and Policy on June 25, 2009 (boomark / email).